(1.) This appeal is directed against the judgment and order passed by Sri Brahma Kishore, the then III AddI. Sesssions Judge Kanpur, on 13-3-78. The learned Judge was disposing of Sessions Trial No. 206 of 1976 and he convicted the four appellants under Sections 302/34 and 307/34 of the Indian Penal Code and sentenced all of them to imprisonment for life on the first count and to 7 years rigorous imprisonment, each, on the second count. The conviction under Sections 307/34, Indian Penal Code was based on two different counts for causing injuries to Shahban Shah and Chhedi Shah and two terms of imprisonment have been passed but all the sentences have been made concurrent.
(2.) The occurrence took place in village Baragon, six miles away from police station Maharjpur, Kanpur metropolitian area on 17-7-73 at about 10 p.m, The first information report was lodged by Rassol Shah (P.W.2) on 18-7-73 at 0.30 hour. The following small clarifying the situation: Abul Shah Muneer Shah, Meer Shah Jumman Shah Dost Ali Saha Tikoo Shah Rasool Shah Shahban (A. 1) (A. 2) (A. 3) (deceased) (P.W. 2) Chedi Shah (both injured)
(3.) It is also in evidence that a cousin brother of Abdul Shah and Muneer Shah. is Wali Mohammad and his son is Ahmad Ali Shah, who is also said to be injured in this case Rasool Shahs daughter Qutubunisa was married to one Sultan Shah of Bakewar (D.W.1). She died, Then Chhedi Shah received proposal for the marriage of his daughter Kusum to Sultan Shah but because of difference in ages of the two, he did not agree to this proposal. Ultimately 20 days before this occurrence Jumman Shahs wifes sister Naseer Bano alias Bhoori was married to Sulttan Shah with the intervention of Jumman Shah.