STATE OF U P Vs. HIRA LAL

JUDGEMENT

(1.) -The State of U. P., after seeking the permission, has filed this Government appeal against the judgment and order dated 28.2.1984, passed by Sri V. P. Kalra, learned Sessions Judge, Non-metropolitan Area, Kanpur in Sessions Trial No. 273 of 1982 under Section 302/34, I.P.C., Police Station Sikandra, district Kanpur Dehat whereby he acquitted the accused Hira Lal and Ramesh.

(2.) THE brief facts of the case are that Ananti Kori and Smt. Nanhi are said to be a married couple. Sita Ram, Lala Ram and Gaya Prasad are their sons. Ananti Kori had already died. Smt. Nanhi remarried Ram Kishen resident of Sikandra, district Kanpur Dehat. She came to Ram Kishen alongwith her three minor sons. Ram Kishen brought them up and also got their marriages solemnized. It is further disclosed that before re-marrying Smt. Nanhi, Ram Kishen had married two women, that his first wife died issue-less, but he procured two daughters named Ganga and Sukh Dei from his second wife. Both of them are married. Sukh Dei is living at her parental house with her husband Hira Lal for the past 8/9 years. A daughter named Mangal Dei was born out of the wedlock of Ram Kishen and Smt. Nanhi, who is married to Chhotey Lal. Six/seven years ago, Ram Kishen had sold his 1-1/2 beegha land. THEreafter, he had executed a Will deed of his entire property in the name of his above three sons. THE execution of this Will deed annoyed Hira Lal and his family members and they developed enmity against them. He also put pressure upon Ram Kishen to give some share of his property to him, but he did not agree, that at the time of the marriage of Sita Ram, Hira Lal and his son abused and threatened Ram Kishen of dire consequences in case some share would not be given to them. It is alleged that in the intervening night of 8/9.7.1981, Hira Lal with kulhari and his son Ramesh with kanta made the assault upon Ram Kishen, who sustained injuries. On alarm, the informant and others reached there. THEy tried to apprehend them, but they escaped from there. Ram Kishen was managed to carry to the hospital wherein he died.

(3.) IN the opinion of Dr. Bhatnagar, death was due to shock and haemorrhage due to ante-mortem injury noted by him. The post-mortem examination report is Ext. Ka-2.