RAM SWARUP Vs. STATE OF U P

JUDGEMENT

(1.) K. K. Misra, J. This criminal appeal has been filed against the judgment and order dated 29-11-1980 passed by Shri S. R. Sagar, the then IV Additional Sessions Judge, Pilibhit in Sessions Trial No. A-45 of 1980 whereby he convicted the appellant Ram Swarup under Section 302 IPC and sentenced him to undergo rigorous imprisonment for life.

(2.) THE prosecution version as contained in the F. I. R. lodged by Gajraj Singh PW 1 (son of the deceased and an eye-witness) was that about 8 or 9 months before the date of incident, the murder of one Genda Lal of village Lalaurikhera had taken place. THE accused of the present case, namely, Ram Swarup Gangwar of the same village had come to the complainant's father Sher Singh after the said murder and started living with him. He remained at the house of the complainant for about 3 months and used to do household work. He used to say that due to "partibandi" in the village, the villagers wanted to implicate him in the aforesaid murder. THE police had also arrested the complainant's father Sher Singh (deceased) and Ram Swarup in that connection and a cycle and wristwatch connected with that murder were recovered from them. On account of this, the father of complainant faced defamation. THE complainant's father kicked out Ram Swarup from his house, rebuking him that due to him, he had to go to the police station. Inspite of the fact that the deceased Sher Singh had kicked out the accused Ram Swarup, on one pretext or the other, he continued to come to the complaint's house. About four months before the incident in question, the accused Ram Swarup was caught in village Lalpur while teasing women and since then the father of the complainant, Sher Singh deceased had totally prohibited accused Ram Swarup's entry to his house. THE deceased Sher Singh, father of the complainant, had scolded and beaten his own wife Smt. Roopdai and asked her not to talk with Ram Swarup and not to allow him to come to the house. Due to this reason, the accused Ram Swarup entertained enmity against the complainant's father, deceased Sher Singh.

(3.) THE Doctor opined that the death occurred due to haemorrhage and shock.