KRISHNA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Krishna Kumar preferred this appeal against his conviction under section 304 I.P.C. and sentence of 7 years R.L and a fine of Rs. 1909/- recorded by Sri. A.B. Srivastava, 5th Additional Sessions Judge, Allahabad by his judgment and order dated 9-2-1979 in Sessions Trial No. 85 of 1978.

(2.) Krishna Kumar was charged under section 302 I.P.C. for the murder of Ambika Prasad. However, the trial court while acquitting the appellant on the charge of murder, convicted and sentenced him under section. 304 I.P.C. as enumerated, above.

(3.) In this case, the parties are residents of village Chak Sadhopur, Police Station Mau Aima, District, Allahabad and they are collaterals. Vishnu Dutta, Devi Din and Shivambaran were real brothers. Ram Din was married to Smt. Laxmia and he died issueless. Jagmohan, the grand son of Vishnu Dutta also died issue less in May 1977 and he had left behind, 18 Bighas of land. Devi Din had two sons namely, Ram Narain and Ganesh. The complainant Nand Lal is the son of Ram Narain. Krishna Kumar appellant, Ram Lochan and Brahma Lochan are the sons of Ganesh. The fourth brother Shivambaran had two sons, namely, Sit a Ram and Sheetla Din. Ambika Prasad deceased, was the grand son of Sit a Ram. After the death of Jagmohan who had died issueless in the month of May 1977, the descendants of Devi Din and Shivambaran were entered in the - revenue papers as the heirs of Jagmohan. It is alleged that Krishna Kumar did not relish the aforesaid inheritance of the property of Jagmohan. He claimed that his brother Ram Lochan was adopted by Jagmoban during his life time. Ram Lochan had filed a mutation case on the basis of an alleged adoption deed and the case was pending in the court of. Tahsildar, Soraon prior to the occurrence of the present case. Krishna Kumar was doing pairvi on behalf of his brother in the said mutation case. It is said that Ambika Prasad deceased was doing pairvi on behalf of himself and his other collaterals in the aforesaid mutation case and as such Krishna Kumar appellant was displeased with Ambika Prasad.