ASHOK KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) The present appeal on behalf of solitary appellant arises out of Judgement and order of conviction dated 22.04.1983 passed by the learned Sessions Judge, Fatehpur in Session Trial No. 166 of 1982 by which appellant Ashok Kumar was held guilty of committing offence under Section 302/34 I.P.C. and was directed, after being heard under Section 235 Cr.P.C., to suffer rigorous imprisonment for life.

(2.) One Mukta Kurmi having three daughters, i.e., Sudhara, Sudama and Suman, died, and as per the first information report, Ex. Ka-3, the three sisters came into possession of their respective shares of 14 Bigha and 17 Bishwa of immovable property owned and possessed by their father on account of having succeeded to him on his death.

(3.) It appears from both Ex. Ka.-3, the F.I.R. and evidence of the informant Brij Mohan (P.W.-2), that the deceased Sudama was at loggershead with her two sisters namely, Sudhara the eldest and Suman the youngest in respect of possession of the property. Due to the dispute between the sisters, proceedings under Sections, 107/116 and 145 Cr.P.C. had been initiated and as may appear from Ex. Ka. -2, the written report those were pending on the date of occurrence, i.e., 29.03.1981 before the competent courts. The relationship between the three sisters, had worsened so much so that the informant who use to come to village Majhilegaon did not stay at the parental house of the deceased and would rather stay in the house of one Malikhan Kurmi.