RAM MUNI YADAV Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been directed against the judgment and order dated 26th Feb. 1981 passed by Sri Prem Singh, the then Sessions Judge, Ghazipur in Sessions Trial No. 176 of 1979. The appellants are Ram Muni Yadav, Kishore Yadav, Shyama Yadav, Phool Chand Yadav, Hardeo Yadav and Daya Ram Yadav. Appellants Nos. 1 to 3, namely, Ram Muni Yadav, Kishore Yadav and Shyama Yadav are real brothers being the sons of Jagpat Yadav. All the appellants have been convicted under Section 302, I.P.C. read with Section 149, I.P.C. and sentenced to life imprisonment. Ram Muni and Phool Chand have further been convicted under Section 148, I.P.C. and each sentenced to two years' rigorous imprisonment. The remaining four, namely, Kishore, Shyama, Hardeo and Daya Ram have been convicted under Section 147, I.P.C. with one year's rigorous imprisonment for the said offence. All the substantive sentences have been ordered to run concurrently.

(2.) The incident took place on 3-6-1978 at about 12 O'Clock in the noon in village Singhpur, Police Station Saidpur, district Ghazipur. The distance of Police Station from the place of occurrence was three miles and the F.I.R. was lodged the same day at 2.50 p.m. by the deceased Dular himself.

(3.) The relevant facts may be stated briefly. All the appellants are the desen-dents of a common ancestor. Smt. Mulia was the daughter of appellant Shyama Yadav. Before her second marriage (Gauna), she became pregnant. A Panchayat in the matter was held six months before the incident wherein she admitted her illicit connection with Dular deceased. The result was that the husband of Mulia refused to take her with him. For sometime she was sent to live with a relation but subsequently she was married in Court with one Raja. On this account the appellants bore grudge against Dular. Because of this enmity, the appellants started grazing and uprooting crops of Ram Nandan P.W. 1 father of the deceased. He lodged a complaint in that connection, but the same was dismissed. the appellants often threatened Dular and he had made applications to the District Magistrate and Superintendent of Police. Ghazipur in this behalf. This was the previous background.