RAM SWARUP Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal against the judgement and order dated 11-4-1978 passed by Sri J.S. Mishra, II Additional Sessions Judge, Fatehpur by which he has convicted Kalloo Singh under S.302, I.P.C. and the remaining two appellants Ram Swarup alias Mukka and Gulzar Singh under S.302/34, I.P.C. and has sentenced each of them to undergo imprisonment for life.

(2.) Whereas Ram Swarup alias Mukka and Gulzar Singh appellants are cousins. Kallu Singh appellant is their nephew. Deo Nath deceased was the father of Bachchi Lal injured. Lalloo Singh, informant, is the brother of Bachchi Lal injured. All of them are residents of village Maheshpur Mathetha, Police Station Kishunpur, District Fatehpur.

(3.) According to the case of the prosecution on 9-12-1974 at about 12.00 in the noon Deo Nath deceased and his son Lalloo Singh, informant, were returning to their house from their Har with a load of Sarpat on their respective heads and when in the way passed in front of the house of Ram Swarup alias Mukka appellant one Raja Ram Gadaria, who was sitting there, wished "Ram Jahar" to Deonath; but Ram Swarup alias Mukka appellant gave an abuse of his mother to Deo Nath by saying "Aise Madar Chodon Se Ram Juhar Nahin Ki Jati Hai Jo Chore Badmashon Ka Sath Dete Hain". On the same Deo Nath deceased also abused Ram Swarup alias Mukka, appellant and told him that he should be careful in abusing them. Thereafter Deo Nath deceased and his son Lalloo Singh, informant, came to their house where Sarpat was unloaded, Bachchi Lal injured was already sitting on a cot in front of the house on which Deonath deceased also sat. Lalloo Singh, informant, went inside the house. Deo Nath deceased narrated the aforesaid incident to his son, Bachchi Lal.