BHOLA YADAV Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Bhola Yadav and Shyam Lal Yadav, both sons of Ram Deen Yadav have preferred this appeal against the judgment and order dated 15-11-80 passed by the then Sessions Judge, Azamgarh, Appellant Bhola Yadav has been convicted and sentenced to life imprisonment under Section 302, I.P.C. and to undergo six months R.I. for the offence punishable under Section 323 read with Section 34, I.P.C. Shyam Lal Yadav, appellant has been convicted and sentenced to imprisonment for life under Section 302 read with Section 34, I.P.C. andsix months R.I. Under Section 323, I.P.C. Sentences of both the appellants have been ordered to run concurrently. Accused Ram Prasad, Ram Naresh (Naresh), Harish Chandra and Sanwaroo who were also tried along with above appellants were given benefit of doubt and acquitted by the trial Judge.

(2.) The appeal arises out of an incident wherein two persons namely Parasnath Singh and Chandrabhan Singh, both sons of Sri Jagdish Singh, were murdered.

(3.) Ram Deen Yadav had three sons, Bhola Yadav appellant, Shyam Lal Yadav appellant and Phirangi Yadav. A little before the present occurrence, Phirangi Yadav was murdered. Paras Nath Singh deceased of the present case with Ram Singh, Sudarshan Singh and others was prosecuted for it. That case however ended into acquittal of all the accused about a year before the present incident. It is alleged that the appellants since then were bearing enmity against Paras Nath Singh and his family members and were awaiting for an appropriate opportunity to avenge the murder of their brother Phirangi Yadav.