BABU RAM Vs. STATE

JUDGEMENT

(1.) BABU Ram, Devi Dayal and Raj Narain appellants have filed this appeal against the order of conviction and sentences recorded by Sri R. P. Jain, Sessions Judge, Etawah by his judgment dated 19-2-1977. BABU Ram appellant was convicted under Section 302 IPC and sentenced to life imprisonment He was further convicted u/Sec.324 IPC read with Section 3 IPC and sentenced to one years' R. I. and also under Section 323 read with Section 34 IPC and sentenced to six months' R. I. Devi Dayal and Raj Narain appellants were convicted under Section 302 read with Section 34 IPC and were sentenced to life imprisonment. They were also convicted under section 324 IPC read with Section 34 IPC and sentenced to undergo one years' R.I. Appellant Devi Dayal was further convicted under Section 323 read with Section 34 IPC and sentenced to serve out six months R. I. whereas appellant Raj Narain was convicted under Section 323 read with Section 34 IPC but he was sentenced to undergo R. I. for nine months.

(2.) ALONGWITH appellants, one Brahmadin was also named as accuse in the First Information Report but he died before the commencement of the trial.

(3.) KALI Charan breathed his last on 27-12-1974 and Sri Kishan had performed all the ceremonies in connection with his death. Brahma Din and Babu Ram appellants wanted that the amount deposited by KALI Charan should be given to Brahma Din and a case was also launched by Sri Kishan for Marpit against Babu Ram and others. Babu Ram also wanted that the case launched for marpit may be compromised but Sri Kishan and his brother were not well disposed for compromise.