RAJJOO SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Criminal Appeal No. 2068 of 1977 has been filed by Chander Pal Singh while Criminal Appeal No. 2069 of 1977 has been filed by Rajjoo Singh and Sumer against the judgment and order of Sri K.P. Sinha, AddI. Sessions Judge, Fatehpur dated 13.3.76 convicting and sentencing each one, namely, Chander Pal Singh appellant under section 302 I.P.C. and Rajjoo Singh and Sumer, appellants under section 302/34 I.P.C. to life imprisonment.

(2.) The prosecution case is that Smt. Bhondli, the deceased, the aunt of Shyam Lal complainant P.W. 1, was kept as his wife by one Narpat Singh, resident of Sato Joga for about 23 years before his death. However he had gone to live with Smt. Bhongli in her house in village Mungri Bagh, a hamlet of village Sato Joga within police station Asothar. Narpat Singh happened to execute a registered deed dedicating his 8 bighas of land to the temple of Mahadeo Ji situate in village Sato Joga. However, he stipulated in the deed that during his life-time he would be in possession of the said land and after his death Smt. Bhondli, deceased, would, be in possession and it would be only after her death that the land would revert to his sons, namely, Rajju and Kunwar etc. from his first wife Smt. Sonia.

(3.) It so happened that Narpat Singh died about a few months prior to the present occurrence Smt. Bhondli got into possession over the said land. Rajju Singh, appellant, was wanting her to stay with him in village Sato Joga but she did not oblige him. According to the prosecution, this circumstances afforded motive on the part of Rajju Singh to do away with Smt Bhondli and thus to accelerate the succession to the said land, according to the above mentioned deed executed by Narpat Singh.