DAN BEHARI Vs. STATE OF U P

JUDGEMENT

(1.) U. S. Tripathi, J. This appeal has been preferred against the judgment and order dated 16-7-1980 passed by Additional Sessions Judge, Mathura, in Sessions Trial No. 164 of 1979 convicting the appellant Dan Behari under Section 302 read with Section 301 IPC and sentencing him to undergo imprisonment for life.

(2.) THE prosecution story, briefly stated, was that appellant Dan Behari was Bhanja (sister's son) of Kaushal Kishor (PW 4 ). Father of Kaushal Kishor got appointed appellant Dan Behari for 'pooja' in Rao Raja Girdhari Sharanji temple. After death of Girdhari Sharan, his widow Rajbir Kaur became owner of said temple. Kaushal Kishor was residing as a tenant in a house belonging to Rajbir Kaur. THE appellant with the help of Rajbir Kaur wanted to evict Kaushal Kishor from the said house. Litigation regarding it was pending in Civil Court Mathura. On 18-2-1979 Chandrabhan S/o Kaushal Kishor was going to Mathura. In the way Dan Behari appellant and his brother Yogendra chased him. A report regarding said occurrence was lodged. Yogendra and Dan Behari appellant had also assaulted Chandra Prakash another son of Kaushal Kishor. Report of the said occurrence was also lodged.

(3.) INVESTIGATION of the case was taken by Shivram Singh Sengar (PW 8), who interrogated Than Singh (PW 1) at C. F. C. Hospital. Thereafter, he visited the place of occurrence and interrogated Tunu (PW 3), inspected place of occurrence and prepared site plan. He took into possession two brick bats from the shop of Tonu and interrogated Kaushal Kishor (PW 4 ). The appellant was absconding.