LAWS(ALL)-1986-8-63

BRIJ MOHAN Vs. STATE

Decided On August 29, 1986
BRIJ MOHAN Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) BRIJ Mohan has filed criminal appeal No. 2420 of 1977 against the judgment of III Additional Sessions Judge, Agra dated 15-10-77 passed in Sessions Trial No. 405 of 1976 convicting him under Section 304-A IPC and sentencing him to one year's rigorous imprisonment. Criminal Appeal No. 2995 of 1977 has been filed by Aidal Singh complainant PW 1 against the acquittal of BRIJ Mohan u/Sec.302 IPC.

(2.) THE case of the prosecution is that Smt. Mahadevi deceased was the sister of Aidal Singh PW 1. She was married to Mahabir Singh alias Nathi Lal the son of Girdhari Singh PW 4. Girdhari Singh, has three sons, namely, Mahabir Singh. Raghubir Singh and Balbir Singh. He had one brother, namely, Indra Singh. Indra Singh died many years back leaving behind his widow Smt. Parvati. (Girdhari Singh had 116 bighas agricultural land in village Mihawa and Smt. Parvati had about 25 bighas of land. She was issueless. Patiram was the Karinda of Girdhari Singh. He had five sons, namely, Yaspal Singh. Ram Prasad, Gita Ram, Brij Mohan accused and Ram Mohan. Girdhari Singh got the land of Smt. Parvati (about 25 bighas) transferred to Yashpal Singh, Ram Prasad and Gita Ram. Pati Ham and his wile Smt. Ramdevi who was a beautiful lady lived in the house of Girdhari Singh and Girdhari Singh had adopted brij Mohan accused as his grandson. Girdhari Singh wanted to give some of his land to Brij Mohan accused and his brother Ram Mohan but Smt. Mahadevi deceased objected to it and said that she would not allow this is to take place as she had children. On 21-1-1975 at about 9 p.m. Bhudha Ram PW 2, Dongar Singh PW 3, Girdhari Singh, Pati Ram, Ramu Pandit and Brij Mohan accused were warming themselves around fire in front of the house of Girdhari Singh in village Mihawa when Mahabir Singh came there and told Pati Ram and Brij Mohan accused that they should live separately as quarrels took place daily in their house on account of them. This annoyed Brij Mohan accused and he said that he would separate on that very day and went inside the house of Girdhari Singh and fired at Smt. Mahadevi deceased with the gun of Girdhari Singh which resulted in her death on the spot.

(3.) THE Station Officer Police Station Iradatnagar filed a charge-sheet under section 304-A IPC aginst Brij Mohan accused dated 26-2-75 and the complaint filed by Aidal Singh was connected with it and Brij Mohan appellant was tried under section 302 IPC and in the alternative u/Sec.304-A IPC in the Court of Sessions.