LAKSHMI Vs. STATE

JUDGEMENT

(1.) This is an appeal by one Lakshmi who has been convicted under Section 302, I. P. C. and sentenced to imprisonment for life and a fine of Rs 100/-; in default, to undergo further rigorous imprisonment for one year.

(2.) The appellant Lakshmi has been found guilty of having murderd his step brother Chhedi Lal on 6-10-1954 at about 8 p. m. in village Baheri, police station Girwan, district Eanda.

(3.) The prosecution case is that the appellant was addicted to taking ganja and wine. He used to go about making demands for money from his relations. He used to beat his wife and mother. He also used to make similar demands from the deceased Chhedi Lal who was opposed to this habit of life of the appellant, and would not accede to his requests to advance to him monies to enable him to indulge in these vices. It is said that in the month of Jeth preceding the incident he had beaten his mother and wife. At that time the deceased and other persons had intervened and prevented him from doing so. On the appellant's refusal to obey him, the deceased had chained him. The appellant had run away after breaking the chains. Five or six days after that, Nichari Ahir of village Baheri had approached Chhedi Lal deceased, and had told him that when Lakshmi was used to taking ganja and bhang, why was he not supplying the same to him, Chhedi Lal did not accede to his request either. Thereafter it is said that Lakshmi appellant had stopped speaking to Chhedi Lal.