TIHUL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been filed by Tihul and his wife Smt. Ramapati against the conviction and sentence under Section 302/34, I.P.C. passed by II Addl. Sessions Judge, Basti on 23-8-1979 in Sessions trial No. 117 of 1979.

(2.) The charge against the appellants was that both of them in furtherance of common intention, sometimes in the night between 18/ 19/11/1978 inside their house, situated in village - Ratan Purwa, police station - Rudhauli committed the murder by intentionally causing the death of Smt. Ramraj, their sister-in-law (Bhabhi) punishable under Section 302/34, IPC.

(3.) Appellant Tihul and Ramasrey are brothers, Tihul's wife is appellant Smt. Ramapati, while late Ramasrey's wife is Smt. Ramraji, deceased in this case. Both the brothers and their family were living in one and the same house. The cultivation was also joint. Ever since the death of Ramasrey about 11 months ago the deceased Smt. Ramraji was living with her two minor daughters, Km. Phulwa and Km. Gulab in the same house. Km. Phulwa was about 8 years and Km. Gulab 6 years. In the revenue records the name of late Ramraji was continuing for which Smt. Ramraji was making efforts to get her name mutated against the name of late Ramasrey for which she had already contacted her brother Jasoo Kurmi, aged about 50 years, resident of neighbouring village Mushar, police-station, Rudhauli. It appears that Jasoo had already talked to Smt. Ramraji and had fixed to go on the next Wednesday on which day he would have taken the steps for mutation, etc. The prosecution case further is that in order to have the property grabbed Tihul and his wife were having quarrel with Smt. Ramraji so that she may be outsted and they could usurp the half-share in the property. Jasoo, therefore, thought of getting a partition suit filed through Smt. Ramraji.