MUNSHI Vs. STATE OF U P

JUDGEMENT

(1.) -By judgment dated 2.3.1981, passed by the then VIIth Additional Sessions Judge, Bareilly in Sessions Trial No. 357 of 1980, the appellants have been found guilty for committing murder of Pati Ram. While recording conviction, the appellant Badri Prasad was found guilty under Section 302, I.P.C. and other two appellants Munshi and Maiku were found guilty under Section 302, I.P.C. read with Section 34, I.P.C. However, the learned Sessions Judge while passing the order of sentence, has sentenced each of the appellants for life imprisonment under Section 302, I.P.C. read with Section 34, I.P.C. Aggrieved by the said judgment, present appeal has been preferred by the abovenamed three appellants.

(2.) PROSECUTION story in brief is that Chet Ram was uncle of appellant Badri Prasad. He was village Pradhan while deceased Pati Ram was Up Pradhan. About three and half years ago, Chet Ram was removed from the office of the Pradhan and the charge of the office was handed over to Up Pradhan Pati Ram. It is said that on account of this, the accused Badri Prasad started bearing enmity with the deceased Pati Ram. It is further alleged that during the last Assembly election, the accused persons supported one Rana Saheb while the deceased Pati Ram supported the opponent of Rana Saheb. An altercation also took place between the accused Badri Prasad and the deceased Pati Ram during the last Assembly elections.

(3.) DR. P. K. Bass conducted autopsy on the body of the deceased Pati Ram on 5.8.1980 at 3.45 p.m. He found only one ante-mortem injury, which was as under :