MURARI Vs. STATE OF U P

JUDGEMENT

(1.) MR. Y. P. Singh, the then First Additional Sessions Judge, Agra while disposing of Sessions Trial No. 66 of 1977 convicted Pooran under section 302 of the IPC and section 25 (1) (a) of the Arms Act and sentenced him to imprisonment for life on the first count and imprisonment for one year on the second, making the two sentences concurrent. He also convicted Murari under section 302 read with 34 of the IPC and sentenced him to imprisonment for life. Against this Order passed on 18-9-1978 the present appeal has been preferred.

(2.) AT the time of the occurrence, id is contended, that Pooran was armed with a country made pistol, with which he fired, fatally injuring Babu Ram; and Murari was armed with a lathi which he did not at all use on the spot. We may start with a small pedigree. There were four real brothers namely Parmatma, Pokhi, Tej Singh and Tundey. Nothing is known about Parmatma, but, it appears that Pokhi and his wife both died and one Savitri is their daughter. Pokhi had agricultural land in village Pura Jhoriyan, which is hamlet of Raipar Danda within the Sub-Division of Bab, district Agra. Tundey's sons were Hari Narain PW 1 and the deceased Babu Rani. Tej Singh had two sons i.e. Pooran and Murari who are both the appellants before this court. It has come in the evidence of Hari Narain, and there is no controversion of that fact, that Savitri had made some arrangement about the land left to her by her parents and the arrangement was that the land had to be cultivated and sown by Hari Narian, Baboo, Murari and Pooran. The arrangement was that the crops will be sown and grown by turns. It is in evidence that in the previous season, prior to this occurrence, the crops had been taken by Murari and Pooran, and naturally the standing crops at the time of the occurrence were to be taken by Babu Ram and Hari Narain. But it is said that two days prior to this occurrence, Murari came to the house of Hari Narain and Babu Ram and insisted upon getting the standing crops also, which was resented to by the deceased Babu Ram. There was some little "marpit" between Babu Ram and Murari and then Murari went away after threatening Babu Ram with dire consequences within two days. This is said to be the motive for the present occurrence.

(3.) THE post mortem examination on the dead body of Babu Ram was conducted by Dr. Rama Kant Sharma PW 5 who was Medical Officer in the District Hospital, Agra at 3.00 P. M. on tl 8-11-1976 and the following injuries were found on the dead body :