RAM BABU Vs. STATE

JUDGEMENT

(1.) Heard Sri Abhishek Kumar Srivastava, learned counsel for the appellants; Sri G.N. Kanaujia, learned A.G.A for the State and perused the material on record.

(2.) This criminal appeal has been preferred against the judgment and order IIIrd Additional Sessions Judge, Farrukhabad dtd. 27/2/1985 in Sessions Trial No. 267 of 1983 convicting and sentencing 302/34 IPC to undergo life imprisonment.

(3.) The prosecution story is that the deceased, Putti Lal, Chhote Lal and Radha Charan, were real brothers. Accused persons are sons of Chhote Lal and the complainant, Survesh Kumar and the witness, Naresh Kumar, are the sons of Radha Charan. Putti Lal was unmarried and the children of Radha Charan were residing with him. The deceased, Putti Lal, had also given his property to Smt. Shanti Devi, mother of the complainant, Survesh Kumar. The accused persons and their father, Chhote Lal, intended to take the property of Putti Lal and in this connection, they asked the deceased several times to give his property to them but the deceased told, that he had already executed sale deed in favour of the mother of the complainant, Survesh Kumar, and he had lost all the rights in the property. It caused annoyance to the accused persons and they developed enmity with the deceased.