BANSHI AND OTHERS Vs. STATE OF U P

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 24.01.1984 passed by IInd Additional Sessions Judge, Sitapur in Sessions Trial No.21 of 1981 arising out of Case Crime No. 81 of 1978 under Sections 302/34 IPC Police Station Sakaran, District Sitapur.

(2.) During the pendency of the appeal, appellant Nos.1 and 2 had died and, therefore, this appeal survives only on behalf of the surviving appellant No. 3, Ram Kumar. In view of the factum of death of the aforesaid two appellants, vide order dated 01.03.2017 their appeal has already been ordered to be abated.

(3.) The prosecution story as emerges out from the record is that the accused-appellant, Ram Kumar (Brahmin) r/o village Sewra, Police Station Sakran, District Sitapur had married the daughter of Chet Ram of village Kalyanpur, Police Station Hargaon, District Sitapur three years before the date of occurrence. Ram Kumar's wife's mother was Scheduled Caste (Pasi). Ram Kumar and Hari Narain and his brothers were residing in the same village. Accused, Ram Kumar was outcasted by Hari Narain, his brothers and other residents of the village. Two years before the date of occurrence, wife of Ram Kumar left him and went away to live with her parents. Two days before the date of occurrence, some people from Sitapur came with second marriage proposal for Ram Kumar. Accused, Banshi, brother-in-law of Ram Kumar and Murali, cousin Banshi had also come for Tika ceremony for second marriage of Ram Kumar. Banshi and Murali requested Hari Narain, Banwari and Raghuveer to join the feast at the place of Ram Kumar so that other residents of the village could also join it since they belonged to the same caste. They requested these three brothers to join the feast so that the second marriage of Ram Kumar could take place. It was alleged that Hari Narain said that they would join only when other residents of the village and neighbours would join the feast. They said that it did not matter to them whether the marriage of accused, Ram Kumar would take place or not. It was said that Banshi and Murali got infuriated and left the house of the deceased threatening them of dire consequences.