JHABBOO AND ANR. Vs. STATE

JUDGEMENT

(1.) Jhabboo and Tribhuwan were convicted by the learned Sessions Judge, Sitapur, under Sec. 302 read with Sec. 34 of the Indian Penal Code and sentenced to transportation for life. They have come up in appeal.

(2.) The prosecution story as sought to be established at the trial was as follows:

(3.) Ram Kumar, Ram Gopal and Ram Bharosey were three brothers. Ram Kumar and Ram Gopal lived together in Arua, a hamlet of Beni Sarai Ram Bharosey appears to have separated from his two brothers. He had two sons, Mukta and Tribhuwan. They lived in Lakhaniapur. Ram Gopal died about 15 years before the occurrence which formed the subject matter of the trail in the Court below. Whatever property was left by him, including his holding, remained with Ram Kumar.