DAYARAM Vs. STATE OF U P

JUDGEMENT

(1.) Daya Ram and Chhunnu appellants have preferred this appeal against their conviction under sections 302/34 and 307/34 I.P.C. and sentenced of life imprisonment and five years R.I. respectively recorded by Sri M.N. Asthana, Additional Sessions Judge, Banda by his judgment and order dated 23.11.1977 in Sessions Trial No. 160 A of 197.5.

(2.) In this case, Shanker Lodh is alleged to have been murdered by the appellants on 28.11.1974 at about 5.15 pm. while he was inside his shop situate in village Prempur, Police Station Girwa, District Banda.

(3.) The case of the prosecution is that Shanker Lodh deceased had been prosecuted for the murder of the father of Daya Ram appellant but he was acquitted of the charges. Lateron, one Ram Sajeewan Lodh was murdered and Shanker deceased lodged the First Information Report at the Police Station arraying Lala Bhaiyam the real brother of accused Daya Ram and others as the assailants of deceased Ram Sajeevan Lodh. Shanker Lodh deceased was also an eye witness of the occurrence and the case regarding the murder of Ram Sajeevan was pending against Lala Bhaiya and others at the time of the present occurrence. It was also alleged that the aforesaid Ram Sajeevan and Shanker Lodh had given beating to Chunnu accused earlier. The prosecution has alleged that Shanker Lodh deceased was done to death by the appellants on account of his being acquitted in the murder case of the father of Daya Ram appellant and also that he was complainant and an eye witness in the murder case of Ram Sajeevan against Lala Bhaiya, the real brother of Daya Ram appellant. Shanker deceased was also on inimical terms with Chunnu appellant and, therefore, both the appellants Daya Ram and Chunnu had ganged up and committed the murder of Shanker Lodh deceased.