MOHINDER Vs. STATE OF U P

JUDGEMENT

(1.) Raghubir and Mohinder appellants were convicted under section 302/34 and 302 Indian Penal Code respectively and each of them were sentenced to serve out life imprisonment in Sessions Trial No. 690 of 1976 by Shri R. K. Gupta, Sessions Judge, Etah, on 30.9.1977. Against the aforesaid conviction and sentences, Raghubir preferred appeal No. 2251 of 1977 and Mohinder preferred appeal No.2337 of 1977 in this Court. Both the appeals were connected and heard together.

(2.) The appellants were charged for committing the murder of Babu Ram between the night of27/28.8.1976 at about mid-night at his tube well in village Nagla Kher, a hamlet of village LodhaMai, Police Station Marhara, district Etah.

(3.) The prosecution version is that appellant Mohinder belonged to village Nagaria and he was the son of the Sarhu (sister-in-law's husband) of Babu Ram deceased, resident of village Nagla Kher. The deceased had brought Mohinder to his house in order to look-after his cultivation. Mohinder appellant while living in the house of Babu Ram deceased had developed illicit relation with Smt. Riwa, wife of Babu Ram deceased. On learning about the aforesaid illicit intimacy between Mohinder and Smt. Riwa, Babu Ram deceased had turned Mohinder out of his house about a year before the occurrence. It was also alleged that even after Mohinder had been turned out from the house of Babu Ram, he continued to meet Smt. Riwa secretly and as such, Babu Ram deceased had reprimanded his wife on several occasions. About 5 months before the present occurrence, Mohinder appellant had pointed pistol at Babu Ram, but luckily Babu Ram escaped unscathed in his field where he was watering his crop and since then Babu Ram was very much scared of Mohinder appellant.