RAM CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) The appeal was filed by two persons, namely, Ram Chandra and Hon Lal (real brothers) sons of Nanaku against judgment and order dated 10.6.1981 passed by Sri J.B. Singh I, the then V Additional Sessions Judge, Allahabad in S.T. No. 321 of 1979 convicting them under Section 302 I.P.C. read with Section 34 I.P.C. and sentencing both of them to undergo life imprisonment. Out of them, Ram Chandra expired during the pendency of appeal and such appeal has abated in respect of him under order dated 24.9.2002. Therefore, presently the Court is concerned only with the other appellant Hon Lal.

(2.) The skeleton facts as per the F.I.R. and the evidence taken cumulatively may be set forth for appreciation of the discussion that has to follow. The incident occurred on 6.4.1978 at about 11.00 a.m. in Village Tikuri hamlet of Mandhauka, Madkaini, Police Station Naini, District. Allahabad. The F.I.R. was lodged the same day at 12.30 P.M. by Rama Nand P.W.2 (eye witness). The distance of the Police Station from the place of occurrence was four miles. The deceased was Smt. Shyampati Devi wife Gopi. Admittedly, she was the real aunt of the present appellant Hori Lal and his brother Ram Chandra (deceased appellant). Her husband had died earher. Their father Nanaku used to look after the cultivation of the deceased before the consolidation proceedings took place. As a result of consolidation, she was allotted separate chak consisting of 10 bighas of agricultural land. For about 5 or 6 months before the occurrence, she had been expressing a desire that she would transfer half of her agricultural land to Rama Nand P.W.2. grand son of her sister Daulati Devi and remaining half to the son of her daughter Shanti. She had also started her separate cultivation. Lalloo Ram P.W.5 her son-in-law started living in the same village for looking after her cultivation. As a result, the two appellants became annoyed with her. With this background of strained feelings, the incident took place.

(3.) The deceased appellant Ram Chandra with Karaull and the present appellant. Hon Lal with country made pistol arrived at the house of the deceased when she was lying on a cot in front thereof. At that time, Rama Nand P.W.2 and Lalloo Ram P.W.5 were doing thrashing work behind her house. Being attracted by abusing altercation, Lalloo Ram P.W.5 followed by Rama Nand P.W.2 reached the front side of the house of the deceased. In the meanwhile, the deceased appellant., Ram Chandra inflicted Karaull blows while appellant No. 2 Hon Lal fired a shot on her. The deceased appellant No. 1 Ram Chandra had also thrown some hand grenade; Thereafter, both of them managed to escape. Shyampati Devi died at the spot. Rama Nand P.W.2 lodged the written F.I.R. resulting in registering of the case and the investigation thereafter.