RAMJI SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Ramji Singh had been convicted on 26.10.78 by Sri P. Chandra, Sessions Judge, Ballia for committing the murder of Virendra and was sentenced to undergo R.I. for life. Aggrieved by the above judgment and order in the Sessions Trial No.43 of 1978, he has filed this appeal.

(2.) The uncontroverted facts are that the father of the appellant Rajdeo Singh and four real brothers including Ram Nagina Singh, the husband of P.W.2 Smt. Kauleshwari. The father of deceased Virendra named Hansnath was the on of Ram Nagina Singh. At the time of the incident he was serving as a constable in Deoria. The appellant and Hansnath had separated eleven twelve years before the incident but the appellant and the family members of Hansnath lived in portions of the same house.The descendants of the brothers of Rajdeo Singh and Ram Nagina Singh including Rajdeo Singh, father of Balram Singh P.W. 4 is also living in that very house separately. The agricultural plots too had been divided between Hansnath Singh and the appellant but a grove was held in common by them. Smt. Lachmina was the wife of Hansnath and Smt. Ram Lali was a sister of the appellant Ram Ji Singh.

(3.) The prosecution case is that on 26.5.77 Ram Ji Singh appellant had plucked some mangoes from his grove in common with Hansnath. Smt. Lachmina asked Sri Ram Lali to make over to her some of those mangoes. Sri Ram Lali declined and there started a wordy duel between them. The appellant arrived before they could calm down resenting the conduct of Lachmina, he stepped forward to strike her. Virendra who was quietly standing till then saved his mother from being beaten. He chided the appellant Ram Ji Singh for having raised his hands against a lady. Ram Ji Singh felt offended and gave threat to them.