PIAREY LAL Vs. STATE OF U P

JUDGEMENT

(1.) The appeal arises against the judgment and order dated 20/2/1979 passed by VIII Additional Sessions Judge, Bareilly in S.T. No. 653 of 1976 convicting Piarey Lal under section 307 IPC and sentencing him to undergo R.I. for a period of 3 years while Sunder Lal and Deshrajwho were found guilty and convicted under sections 307/34 I.P.C. were also sentenced to undergo R.I. for a period of 3 years.

(2.) Facts in brief are that Piarey Lal was charged under Section 307 I.P.C. for attempting to murder Manik Chand by inflicting knife injuries on his person on 10/4/1976 at about 5.30 p.m. in Mohalla Surkha, District Bareilly with such intention or knowledge that by such act it may cause death ofManik Chand. Sunder Lal and Deshraj who were also companions of Piarey Lal were also prosecuted along with him on charges under sections 307/34 I.P.C.

(3.) The prosecution story was that Raghunandan owned an Ahata in Mohalla Surkba, P.S. prem Nagar, district Bareilly. This Ahata was bounded by high walls with a gate on the southern wall. About 10-13 persons were occupying various tenements ,as tenants. Manik Chand few months back to the date of the incident took on rent a tenement in this Ahata and was living with his wife. To the south of the house of Piarey Lal was the house of Manik Chand. The house occupied by Manik Chand was needed by Piarey Lal but instead of being let out to him the landlord gave it on rent to Manik Chand Thus a grudge was nursed by Piarey Lal against Manik Chand.