VISHWANATH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These are three connected criminal appeals filed by Vishwanath (Criminal Appeal No. 2116 of 1977), Chotey Lal (Criminal Appeal No. 2064 of 1977) and Dase alias Ram Das (Criminal Appeal No. 2072 of 1977) against the judgment and order dated 10-9-1977 passed by the II Addl. Sessions Judge, Basti, in S.T. No. 265 of 1976, convicting and sentencing the appellant, Vishwanath , u/S. 302. IPC and the other two appellants, viz. Chotey Lal and Dase alias Ram Das. u/S.302 read with S.34, IPC and sentencing each of them to imprisonment for life.

(2.) The charge against the appellants is that they on 10-3-1976, at about 4-15 p.m. in village Gegaria Garh, P. S. Dhanghata, within the district of Basti in furtherance of their common intention, committed the murder of Kishun resident of village Gagaria Garh.

(3.) The prosecution case, in brief, is that the deceased Kishun was resident of village Banda and was issueless. His brother, Khuddar's family was living there with him. Ram Daur was the son of Khuddar and Jamuna was the grand son. Since Kishun was issueless, he had executed a 'will' in favour of Ram Daur on 11-6-1976 (Ex. Kha-5). There was a litigation between Bansraj, a resident of the same village Gagaria Garh, and the appellant, Dase alias Ram Das. This litigation related to the enforcement of a contract allegedly entered into between Dase and Bansraj. A proceeding of forgery against Ram Das was pending in the court of Judicial Magistrate. Bansraj died during the proceeding and the deceased Kishun, being a relation of Bansraj, took up the pairvi of that case, which created a bad blood between Ram Das alias Dase and the deceased Kishun. The other two appellants, viz. Vishwanath and Chotey Lal, who are father and son. were also inimical to Kishun. This enmity of Ram das and Chotey Lal with Kishun was said to be a motive for the murder or Kishun.