LODAI Vs. STATE

JUDGEMENT

(1.) The appellants, Lodai and Girja, sons of Kalu, residents of village Pura Gaderia. police station Koraon District Allahabad, stand convicted u/S. 302 of the penal Code with the aid of S. 34 there of, for committing the murder of their real uncle, Lallu, aged about 55 years, on the 22nd of May, 1977 at about 5-30 a.m. at a distance of about 200 yards from his house, which is in close proximity to the houses of the accused appellants, by inflicting injuries with Kulhari and lathi, as a consequence where of his death was immediate. Each has, therefore, been sentenced to suffer imprisonment for life, per judgment and order dated the 11th of Sept. 1978, passed by Sri M. L. Singhal, the then Additional Sessions judge, Allahabad.

(2.) The appellants had a real brother, Batai, who died about two years before the incident under consideration, leaving behind his wife, Mst. Itwari, who had some agricultural land also. Second marriage in the Biradari to which the appellants and their first cousin Lalman ( P. W. 1) belong is recognised. Lallu, deceased wanted Mst. Itwari to remarry his son, Lalman, and he succeeded in implementing his desire, shortly before the incident in which Lallu lost his life, Mst. Itwari started residering with Lalman as his wife. The relations between the members of the family of Lallu, on one hand, and his nephews (appellants) on the other, were not happy on account of a dispute regarding Sehan land in Abadi. The conduct of Lallu deceased in successfully persuading Lalman and Mst. Itwari to live as husband and wife further annoyed the appellants and according to the prosecution, this supplied immediate motive for finishing off Lallu.

(3.) Shortly put the prosecution case is that while Lallu (deceased) was going to offer usual prayer in the temple of Shankerji : situate at a distance of about 12-13 lathes from his house, towards south, on the 22nd of May, 1977 at about 5-30 a.m. murderous attack was made by the appellants, Lodai with a kulhari and Girja with a Lathi, at a distance of about 3 lathas from the temple. The injuries inflicted on the person of Lallu were on vital parts ( head and chest) as a result of which his death was instantaneous.