RAM PAL Vs. STATE OF U P

JUDGEMENT

(1.) Rampal, Bahadur and Chhadammi were convicted and sentenced under section 302 read with section 34 of I.P.C. and directed to undergo imprisonment for life by 7th Additional Sessions Judge, Shahjahanpur. Aggrieved by this order the present appeal has been filed. Out of these three .appellants Bahadur has died. A report has been received in this respect from the Chief Judicial Magistrate Shahjahanpur. The appeal of Bahadur therefore, abates.

(2.) The prosecution case was that Manohar and Maiku residents of village Inderkhan P.S. Sidheuli district Shahjahanpur were brothers. Maiku had died about two years prior to the occurrence. Rampal appellant is the son of Maiku. Bahadur was Mausa, i.e. motherTs sisterTs husband of Rampal. Chhadammi is the material uncle. Manohars wife had died before the occurrence. He was issueless. He had adopted Rajesh alias Rakesh Kumar son of Kalyan Ram resident of same village in 1975. A registered adoption deed was also written. Manohar had 22-23 Bigha of land. Ordinarily Rampal would have inherited this property after the death of Manohar. On account of adoption Ramesh had become legal heir. Rampal was not relishing this adoption. He had threatened that he will kill Rakesh.

(3.) The prosecution has alleged that at about 3 p.m. on 3/2/1977 Rakesh was collecting fodder in a field toward north- west in his village Inderkhan. Shrikpshna P.W. 2 and Ram Swaroop P.W. 3 were also present at that place. Rampal, Bahadur and Chhadammi came there armed with spear. Rampal exhorted his companion to kill Rakesh. Thereupon all the three assaulted Rakesh with their weapons. On the alarm of these two witnesses Chandra Prakash and Beni Ratav also arrived. The assailants ran away.