SITA RAM Vs. STATE OF U P

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 13.5.1978 passed by Shri R.B.L. Khandelwal, Sessions Judge, Jalaun at Orai by which he has convicted Sita Ram Appellant under sections 302 and 307, IPC and has sentenced him to imprisonment for life and three years R.I. under sections 302 and 307, IPC respectively thereunder.

(2.) Sita Ram appellant was the nephew of Pyare Lal deceased and they were living in adjoining houses in village Nan, P.S. Kailai, district Jalaun.

(3.) According to the prosecution, three years prior to this incident there was an altercation between Pyare Lal deceased on one hand and Sita Ram appellant and his father Akali on the other with regard to a crop. Thereafter, about one year prior to the incident the appellant and his father Akali wanted to construct a pucca PakhaT in place of an old one, to which Pyare Lal deceased resisted. It is further alleged that a few days prior to the said incident the appellant again sought the permission of Pyare Lal deceased to construct a pucca TPakhaT in place of old TPakhaT to which again Pyare Lal deceased declined. At that time the appellant is said to have advanced a threat to the deceased.