MISRI LAL Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. The appellants Misri Lal and Shri Ram are real brothers who have preferred this appeal against the judgment and order dated 28-9-1981 passed by Sri D. N. Shukla, the then Additional Sessions Judge, Budaun in S. T. No. 375 of 1979. They with one another Janki Prasad were tried before the trial Court for the murder of one Shyam Lal. Charge against appellant Misri Lal was under Section 302 IPC whereas the remaining two were charged under Section 302 IPC read with Section 34 IPC. Janki Prasad was given the benefit of doubt and acquitted. The present two appellants were convicted under Section 302 IPC and 302/34 IPC and sentenced to life imprisonment.

(2.) THE incident had taken place on 22-6-1978 at about 9. 00 p. m. in the house of Shyam Lal deceased in village Nurpur, Police Station Dataganj, District Budaun and FIR was lodged by the victim himself on 23- 6-1978 at 5. 00 a. m. He died later on. THE distance of the police station from the place of occurrence was about 10 miles. THE prosecution case was that the deceased Shyam Lal was the cousin brother of the appellants living side by side. THE house of the Misri Lal was on the back side whereas that of Shyam Lal was on the front side. THEre was a Neem tree on the front side jointly belonging to them which had been sold for Rs. 250. All the co-sharers had agreed that the amount would be spent for fixing a main new door because the main door was also in jointness. Misri Lal, however, objected to it and wanted his money share in the sale proceeds resulting in quarrel and issuance of threat by him for the murder of Shyam Lal. On the fateful night and time, Shyam Lal was in his bed with a lantern glowing. Misri Lal armed with country made pistol and Shri Ram and Janki Prasad armed with spears reached there abusing and threatening him (complainant Shyam Lal) of murder. On the alarm of the members of the family of the complainant, Prakash and Ram Deen rushed up and saw Misri Lal firing on the complainant and running away with his companions. Ved Ram and Malkhan identified them in the light of torch while they were escaping. Shyam Lal was badly injured. He got the report of the incident written by Ram Bahadur and thumb marked it. He was taken to the police station by Prakash on a bullock-cart. THE report was lodged there. He was rushed to P. H. C. Dataganj, where he was medically examined by Dr. Gurucharan Singh P. W. 7 on 23-6-1978 at 6. 20 a. m. THE following injuries were found on his person : (1) Lacerated wound 6 cm x 5 cm x cavity deep over front of abdomen at epigasture region with the contents of abdomen bulging out. (2) Abrasion 3 cm x 2 cm over front of chest at left margin of sternum in middle of it. (3) Abrasion 2 cm x 1 cm over left forearm inner and middle 1/3. (4) Abrasion 3 cm x 1 cm, 3 cm outward to injury No. (3 ). (5) Complains of severe pain in abdomen. Abdomen in tender and distended and peritonitis has set in.

(3.) THE accused pleaded not guilty and claimed false implication due to enmity and suspicion. THE prosecution relied upon the testimony of Ram Bahadur P. W. 1. Ram Deen P. W. 2, Rani P. W. 3- wife of the deceased and Ved Ram P. W. 4. Ram Bahadur P. W. 1 was the scribe of the FIR. Ram Deen and Rani were the eye-witnesses. Ved Ram had seen the accused persons running from the spot. THE rest consisted of medical evidence and that related to the investigation of the case.