SHANKAR LAL Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by four persons, viz. , Shankar Lal, Narain, Ram Sarup and Tulshi, who have-been convicted by the learned Addl. Sessions Judge of Kanpur under Section 302, Penal code, They have been sentenced to undergo transportation for life and to pay a fine of rupees one hundred each. The first three appellants are brothers while the fourth is their servant. They have been found guilty of having committed the murder of one Janki on 7-3-1952.

(2.) THE prosecution version is that about twenty days before the incident Janki's wife Shrimati Jai. Devi was molested by Shankar Lal and Tulshi. while she was in the 'har'. She complained to her husband in the evening. The latter, accompanied by his brother Mewa Lal, went to Shankar lal and Tulshi to protest against their misbehaviour towards his wife. Both Shankar Lal and tulshi denied the charge. Narain and Ram Sarup, the other two appellants, also arrived and an altercation took place between the appellants on the one hand and Janki and Mewa on the other. Nothing serious happened at that time although the appellants are said to have held out a threat to Janki and Mewa Lal to deal with them in near future.

(3.) THE prosecution story goes on to say that on the 7-3-1952 Janki was returning home from his field with a bundle of Matar on his head and Mewa Lal was following him at a distance of 15 to 20 paces. It is alleged that the appellants were lying in ambush and as soon as Janki reached kaghubar's field they came out of their place of hiding and attacked him. Shankar Lal is said to have been armed with a 'kanta' and the remaining three appellants with axes. Janki died on the spot.