RAM CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Jain, J. This criminal appeal by three appellants namely, Jwala Singh, Chandrapal and Ram Chandra is directed against the judgment and order dated 24-8-1982, passed by learned Sessions Judge, Etah in Sessions Trial No. 96 of 1982, State v. Ram Chandra and Ors. , whereby the learned Sessions Judge convicted appellant Jwala Singh and Chandrapal under Section 302 I. P. C. and appellant Ram Chandra under Section 302 read with Section 34 I. P. C. and sentenced all the three appellants to undergo imprisonment for life.

(2.) THE essential facts leading to this appeal are as follows : THE three appellants, Rajvir Singh, real brother of deceased Jagdish alias Maharaj Singh and Smt. Soran Kunwar are co- laterals. About one and half month before the present occurrence there was an agreement of sale between Smt. Soran Kunwar and the three appellants. Rajvir, Singh and deceased claimed that they had also share in the property of Smt. Soran Kunwar for which an agreement to sale was executed by her, therefore, they made an application before the Sub-Registrar through one Anand Pal, another co-later at Deceased Jagdish was doing pairvi of that application, because, of this the three appellants were annoyed. Three days before the present occurrence appellant Jwala Singh had threatened the deceased, but no report about this threat was made.

(3.) THE autopsy on the dead-body of Jagdish was conducted on 8-7- 1980 by Dr. O. P. Vaidya at 4. 00 p. m. in the District Hospital Etah. According to post-mortem report prepared by Dr. Vaidya Ext. Ka-2 the following ante-mortem injuries were found on the person of the deceased. 1. Fire arm wound of entry 2. 5 cm x 2. 5 cm x cavity deep on right hypochorium region. Blackening was present around Direction was backward and inward. 2. Fire arm wound of entry 2 cm x 2 cm x Cavity deep 2 cm below and away from injury No. 1. No blackening. Direction Was backward and inward.