MAHARAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been directed against the judgment and order dated 27-6-1980, passed by VI Addl. Sessions Judge, Etah in Session Trial No. 692 of 1979, convicting appellants Maharam (since dead) and Ramesh under S.302 IPC read with S.34 IPC and sentencing them to imprisonment for life.

(2.) The prosecution story, briefly stated is as under:- Appellant Maharam was real brother of Hoti Lal and Narendra Prakash, the father of appellant Ramesh. Tota Ram, the father of appellant Maharam had three other brothers, namely, Mihi Lal (PW5), Ballam and Pritam Singh.Dal Chand (PW2) is son of Mihi Lal (PW5) and cousin brother of appellant Maharam.

(3.) Smt. Ram Lali,deceased (32) was previously wife of Hoti Lal. A son named Rajendra was born toSmt. Ram Lali out of her wedlock with Hoti Lal. Hoti Lal was murdered on 9-4-1978. After one and half months of the murder of Hoti Lal, Ram Lali performed "Dharao" (a customary from of marriage) with Dal Chand (PW2) and started living with him. Hoti Lal was a teacher in a primary school. He had contributed a sum of Rs.1947.00 besides interest towards his Provident Fund and he had to get an amount of Rs.12,232.00 towards Group Insurance Scheme (GIS). Rajendra, minor son of Hoti Lal was his legal heir.