KEWALA SHANKER Vs. STATE OF U P

JUDGEMENT

(1.) KEWALA Shanker, convict-appellant, has preferred this appeal against the judgment and order of Sri M. M. H. Siddiqui, Additional Sessions Judge, Gyanpur, Varanasi, dated 4-11-1977 passed in Sessions Trial No. 9 of 1977 convicting and sentencing the appellant under section 302 IPC to imprisonment for life.

(2.) ADITYA Nath, complainant PW 1, Kewala Shanker, appellant, late Mata Sewak and Phool Chand are real brothers, being sons of Ram Chandra. Smt.Suraj Kali, PW 3, is the mother of the said four brothers. Smt.Malti Devi, deceased, was the wife of ADITYA Nath, PW 1. Smt.Sonpati, PW 4, is the widow of Mata Sewak. All these persons live in one house in village Kedarpur, P. S. Gopi Ganj, Varanasi. ADITYA Nath, complainant PW 1, used to live in Calcutta. His wife, the deceased, used to live in the village. She used to look after the Cultivation of her husband. Ram Karan was her harwaha (labourer servant).

(3.) ADITYA Nath, PW 1, was informed at Calcutta about the serious condition of his wife Smt.Malti Devi. So he came home and lodged FIR dated 17-7-1976 at P. S. Gopiganj, Gyanpur, Varanasi, to the effect that on 11-7-1976, Kewala Shankar, appellant, beat Smt.Malti Devi and turned her out of the house. She was beaten to such an extent that she was lying unconscious ever since in hospital at Varanasi.