BUDHA Vs. STATE OF U P

JUDGEMENT

(1.) This appeal is directed against -the judgment and order dated 15-9-1976 of the Third Additional Sessions Judge. Shahjahanpur, by means of which the four appellants have been convicted under Sections 302/34, I.P.C. and each of them has been sentenced to imprisonment for life.

(2.) Appellants Budha and Bhaganney are brothers. Ajuddhi is their relation and Kalika is their associate. They all are residents of village Anjnapur. P.S. Banda, district Shahjahanpur. The deceased Shiv Dayal was also a resident of the same village.

(3.) The case of the prosecution is that on 22.4. 1975 the deceased Shiv Dayal had gone to see his ailing brother-in-law Moonga Lal in village Bihar which was about half a furlong away from his village. His brother Rameshwar Dayal (P.W. 1) and nephew Rajpal (P.W. 3) had also accompanied him. While returning they had reached near the house of the appellant Budha at about 3.00 P.M. Shiv Dayal deceased was at that time about 15 paces ahead of Rameshwar Dayal and Rajpal. When Shiv Dayal was infront of the house of Budha, he was confronted by the appellants. Budha caught him from behind and Bhaganney (appellant) pulled out the lathi, which he (deceased) was carrying under his armpit. Shiv Dayal was then pushed into the house of Budha where he was beaten to death with lathis and Kantas. Rameshwar Dayal and Rajpal raised an alarm. The appellants ran away when some persons arrived there on that alarm.