KANHAI Vs. STATE OF U P

JUDGEMENT

(1.) KANHAI alias Kandhai, Dharam Pal and Pooran convict appellants have preferred this appeal against the judgment and order of Sri H. C. Rastogi, Ilnd Additional District and Sessions Judge, Bareilly, dated 4-5-1976, passed in ST No. A 461 of 1976, State v. KANHAI, convicting and sentencing each one of the three appellants u/Sec.302 read with Sec. 34 IPC to imprisonment for life.

(2.) PUNNI, Leeley, Dulli and Jawahar were real brothers residents of Mohalla Khera in town Aonla, district Bareilly. PUNNI's son was Narain. Kanhai appellant and his late brother Shanti are the sons of Narain. They have a sister also married to Dharam Pal appellant, resident of village Ghure. Shanti's widow is Smt. Roopa. Pooran appellant is real brother of Dharam Pal appellant. Leeley and Dulli died issueless. Dulli left his widow Smt. Krishna. Govind Ram alias Chaila complainant PW 1 and Mangli are sons of Jawahar. Bankey Lal deceased was the son of Mangli. Nem Chandra PW 6 is son of Bankey Lal deceased. One Man Singh resident of village Salanagar is said to be an accomplice of the present three appellants. It is also alleged that daughter of Man Singh is married in the family of Dharam Pal appellant. Of course, this fact is denied by the appellants.

(3.) GOVIND Ram complainant PW 1 got the report of the incident written from Karan Lal PW 7 at the spot. GOVIND Ram complainant PW T lodged that written report at Police Station Aonla, 3 furlongs away, the same night i.e. on 8-6-75 at 4.30 a.m.