SATISH Vs. STATE OF U P

JUDGEMENT

(1.) The present appeal arises out of judgment of conviction dated 30.4.1983 passed by the learned Sessions Judge, Shahjahanpur in Session Trial No. 523 of 1982 by which the three appellants were held guilty of committing offence under Section 302/34 I.P.C. and after hearing them under Section 235 Cr.P.C. the learned Judge directed each of them to suffer R.I. for life.

(2.) The prosecution case is contained in the report lodged by PW-1 Vikram, who happened to be the full brother of the deceased Lallu. It was stated that the deceased was under the employment of one Ram Naresh, resident of village Kuinya, and was residing in the very house of Ram Naresh. The mother of the informant and deceased was also residing with the deceased at village Kuinya. It was stated that the sister of Pt. Ram Naresh was married to appellant Brahmesh, who was the brother of the remaining two appellants Satish and Keshav. The three brothers were also residing at village Kuinya where they had purchased 60 - 70 bighas of land and were carrying on agricultural operations.

(3.) It was stated that some 10 - 12 days prior to 16.5.1982, Brahmesh had assaulted his wife and when the mother of Pt. Ram Naresh intervened in the incident, the lady was also assaulted by appellant Brahmesh. The deceased Lallu intervened. His intervention angered the appellants who retorted by telling the deceased that how could he, a servant, poke his nose in their personal affairs. It was alleged that the appellants were carrying grudge from that very day in their hearts against the deceased. However, they mended with the deceased and things were going on normally.