POORAN LAL Vs. STATE OF U P

JUDGEMENT

(1.) MADAN Mohan Lal, J. This is an appeal filed against the judgment and order dated 29-7-1978 passed by Sri Hukam Singh, the then Sessions Judge, Rampur by which he has convicted Pooran Lal, the appellant, under Section 302, IPC and has sentenced him to undergo imprisonment for life.

(2.) IN the town of Bilaspur, district Rampur one Bihari had three sons, named, Deep Chand, Gulabi Ram and Chhotey Lal. Pooran Lal, the appellant is the son of Gulabi Lal. Shanker Lal deceased was the son of Chhotey Lal. Whereas Deep Chand and Chhotely Lal were carrying on cultivation, Gulabi Ram, on the other hand, was in private service. The said Gulabi Ram had left service and thereafter started working as labourer. There had been partition of the property among the brothers long ago. The appellant used to raise a dispute with regard to the same. It is alleged that 3-4 months prior to the incident Pooran Lal, appellant, had a quarrel with Shanker Lal deceased because he was pressing for an extra share in the property, which was stoutedly opposed by Shanker Lal deceased. On an intervention of certain persons some land for the construction of the Kotha had been given to the appellant by Shanker Lal. However, one month prior to the incident there was another quarrel between Shanker Lal deceased and his father on one side and the appellant on the other.

(3.) PW 10 Dr. R. K. Gulati the then Medical Officer, PHC, Bilaspur, examined the appellant on 19-10- 1977 at 5-50 p. m. and he found the following injuries on his person : (1) Incised wound 1 cm. x cm. on the dorsum of the left thumb middle phalnex, the margins of which were clean cut. (2) Incised wound 2 cm. x cm. x cm. on the dorsum of left hand nearly 2 cm. below the wrist, the margins of which were also clean cut. (3) Linear scabbed abrasion 3 cm. x on palm of right hand, 3 cm. below the wrist.