HAR DUTT Vs. STATE OF U P

JUDGEMENT

(1.) G. P. Mathur, J. Criminal Appeal No. 1535 of 1979 has been filed by Har Datt and Criminal Appeal No. 1536 of '979 has been filed by Shyam lal and Raghubir against the judgment and order dated 21-4-79 of IVth Additional Sessions Judge, Kanpur in S. T. No. 162 of 1978 whereby they have been convicted under Section 302, I. P. C. read with Section 34, I. P. C. and have been sentenced to imprisonment for life.

(2.) ONE Kamakhya Tamboli was resident of village Bairi Sawai, P. S. Shivali in the district of Kanpur. He had two sons namely Shiv Datt and Har Datt (accused) and two daughters Smt. Shanti and Smt. Shiv Dulari. Shyam lal and Raghubir accused are sons of Shiv Datt. Smt. Shanti and her son Rajjan lost life in the incident. P. W. 2 Nanhey lal is son of Smt. Shiv Dulari.

(3.) THERE is no eye witness of the incident and the case against the accused is based upon circumstantial evidence.