BHIKHA Vs. STATE OF U.P.

JUDGEMENT

(1.) The present criminal appeal has been preferred against the judgment and order dated 5.6.1982 passed by the III Additional Sessions Judge, Lucknow in Sessions Trial number 298 of 1979 (State versus Bhikha and three others) under section 302/34 of the Indian Penal Code (hereinafter referred to as, the IPC), Police Station Mohanlal Ganj, District Lucknow, whereby the appellant no. 1- Bhikha was convicted under section 302 IPC simplicitor and the other co-accused persons namely Ram Khelawan, Avantika and Ramphal were convicted under section 302 read with section 34 of IPC. All the aforesaid appellants were sentenced to undergo rigorous imprisonment for life.

(2.) We have heard Sri Nagendra Mohan, learned counsel for the appellants and Sri Umesh Verma, learned Additional Government Advocate appearing for the State respondents and perused the record meticulously.

(3.) According to the prosecution case, on 01.9.1979, an FIR was lodged under section 302 IPC by the complainant, namely Ram Adhar, PW- 1 mentioning therein that on the ocassion of marriage of one Raj Rani, Bhikha i.e. appellant no. 1, had fired shot with his country made pistol, which had hit to one of the Barati causing him injury. Report of that incident was lodged by one Sia Ram (not examined), cousin brother of Ram Adhar PW-1 against the accused appellant no. 1 Bhikha, thus, a case was registered under section 307 Cr.P.C., due to which, Bhikha was keeping enmity with the complainant Ram Adhar and his other relatives. The deceased Phool Chand was originally a resident of village Sarwan Nagar, Police Station Banthra,District Lucknow. Smt. Sarjoo Dei, a widow having no issue (not examined) was the cousin sister (maternal uncle's daughter) of Ram Adhar PW1. She had brought up Phool Chand (deceased) since his childhood and given her property to him. Due to the said reasons, appellant no. 1 namely Bhikha was keeping enmity with the deceased.