RAM CHANDRA Vs. STATE

JUDGEMENT

(1.) Heard Sri R.L. Varma learned counsel for the appellant and Sri Roopak Chaubey learned A.G.A. for the State-respondent.

(2.) This appeal is directed against the judgment and order dtd. 11/8/1989 passed by the Special/Additional Sessions Judge, Shahjahanpur in Sessions Trial No. 470 of 1987 (State vs. Ram Chandra) arising out of Case Crime No. 235/1987, under Sec. 302 IPC, Police Station Jalalabad, District Shahjahanpur whereby appellant Ram Chandra has been convicted of the offence under Sec. 302 IPC and sentenced to life imprisonment.

(3.) The first information report of the incident, occurred on 25/7/1987 at about 6:00 PM, was lodged by Puttu son of Lakhan Kahar (PW-1) on the same day, i.e. 25/7/1987 at about 22:15 hours. As per the case of prosecution, the wife of the first informant named as Smt. Laraiti (deceased) was the daughter of one Jodha Kahar whose only son Maiku Lal had died a year before the incident and the wife of Jodha Kahar had predeceased him. The deceased Maiku Lal had no children. Jodha Kahar was survived by two daughters Laraiti, wife of the first informant and Kalawati mother of the appellant. A civil case about the inheritance of 40 Bighas of land of deceased Jodha was going on between the wife of the first informant and sons of his brother-in-law, namely Ram Chandra, Lala Ram and Roop Ram, residents of Village Mishripur, P.S. Sadar Bazar, District Shahjahanpur, wherein 27/7/1987 was the date fixed.