MINDHAI LAL Vs. STATE OF U P

JUDGEMENT

(1.) U. S. Tripathi, J. This appeal has been directed against the judgment and order dated 14-5-1981, passed by V Addl. Sessions Judge, Bareilly in Sessions Trial No. 447 of 1980, convicting the appellant Mindhai Lal, Nand Ram and Chokhey Lal under Section 302 read with Section 34 IPC and sentencing each of them to imprisonment for life.

(2.) THE prosecution story, briefly stated, was that Bhawani Prasad father of Mool Chand deceased, had three brothers, himself, Hori Lal and Narain Lal, Lala Ram (P. W. 1), Khayali (P. W. 3) and Sewa Ram (P. W. 2) are grand-sons of Hori Lal. Mindhai Lal appellant is grand-son of Narain Lal. Chokhe Lal appellant is uncle of Mindhai Lal, while Nand Ram appellant is cousin brother of Mindhai Lal. Mool Chand deceased aged about 50 years was unmarried and issueless. He owned about 60-70 bighas of agricultural land. He was living with Lala Ram (P. W. 1 ).

(3.) ON getting post-mortem report the case was altered under Section 302 IPC, vide GD report Ext. Ka-2, dated 23-1-1980.