PUTTU LAL Vs. STATE

JUDGEMENT

(1.) THE two appellants Puttu Lal and Murli, real brothers, resident of village Qutbapur, Police Station Sakran, district Sitapur were convic ted under Section 302 read with Section 34 of the Indian Penal Code and sentenced of life imprisonment for having committed the murder of Rampal resident of the same village in the night between 5th stand 6th of May, 1976 at the Khalyan situate towards the south-east of the village at a distance of about 50-60 paces from the abadi. THE deceased |was aged about 28 years. Appellant Puttu at time of the commission of the offence was aged about 15-16 years while appellant Murli was aged about 28-30 years.

(2.) MOTIVE alleged for the commission of the offence was the deceased Rampal misbehaved with the wife of appellant Puttu on Sunday preceding the date of occurrence. Both the appellants felt enraged and at about noon on the game day, armed with lathis, both the appellants went to the shop of Ahmad Ali where the deceased was also sitting and complained about the misbehaviour of the deceased. The deceased denied the accusation and there were challenge and counter-challenge from the side of the deceased and the appellants but for intervention of Ahmad Ali and others who were present there, they would have indulged in Marpit. The appellants are said to have held out a threat of revenge.

(3.) THE prosecution examined five witnesses of facts, three of them claimed to be eve-witnesses, namely Mendai P. W. 1, Spney Lal P. W. 2 and Chunnu P. W. 3 and the other two relating to the incident when the appellants are laid j to have gone to the shop of Ahmad Ali and complained about the misbehaviour of the deceased with the wife of appellant Puttu Lal. Learned Sessions Judge in his well considered judgment rejected the various grounds raised on behalf of the accused persons to challenge the veracity of the prosecution case and came to the conclusion that the prosecution had succeeded in proving its case beyond reasonable doubt.