NARAIN Vs. STATE OF U P

JUDGEMENT

(1.) U. K. Varma, J. Sri Ranbir Singh, II Additional Sessions Judge, Deoria by his judgment and order dated 28-11-87 had convicted Narain, Gopi and Dulary under Sections 302 and 307 read with Section 34 of the Indian Penal Code and sentenced each of them to death on the first count and to seven years rigorous imprisonment on the second with both the sentences running concur rently. He had also made a reference for confirmation of the death sentence awarded by him to the three appellants aforesaid.

(2.) SOME facts which have not been assailed are as hereunder Smt. Gunjeshwari had first been married to Ganesh. A son named Ram Chandra was born to them. Ganesh died thereafter. Gun jeshwari remarried Heera. From this wedlock her sons Narain and Gopi who are two of the three accused were born. Ram Chandra, the son of Gunjeshwari from Ganesh, her first husband, had married Smt. Tijia who gave birth to a daughter named Shanichari. After the death of Ram Chandra, the husband of Shanichari named Janmejai (P. W. 1) and his father Moti Chand (P:w. 3) had been looking after the cultivation of Smt. Tijia from a few years before the incident. Tijia during the consolida tion operations in the village, challenged the sale-deed on the basis of which Narain and Gopi asserted their rights to 12 katahas of land. The Assistant Consolidation Officer did not uphold the sale deed to have been executed by the predecessor-in-interest of Smt. Tijia. Narain and Gopi did not acquiesce in the verdict of the A. C. O. They preferred an appeal before the Consolidation Officer, Padrauna. Janmejai the husband of Smt. Shanichari and her father in law Moti Chand had been looking after the interest of Smt. Tijia who wanted to give her agricultural land to her daugh ter Smt. Shanichari. They were assisted by Behi, the husband of Smt. Prabhawati (P. W. 2) who had his own litigation going on with Dularey the third accused.

(3.) INCISED wound 2 cm x 0. 5 cm x 0. 5 cm just over the lateral parts of right eye brow.