KISHAN LAL Vs. STATE OF U P

JUDGEMENT

(1.) THESE two appeals have been preferred by the accused appellants Kishan Lal, Ved Ram and Daya Shanker against their conviction for the offence under S.302/34, I.P.C. and the sentence of life imprisonment awarded to them by Sri O.N. Asthana, the then IVth Additional Sessions Judge, Manipuri in S.T. No. 599 of 1979. Daya Shanker accused appellant of Criminal Appeal No. 1184 of 1980 has died and consequently that appeal has abated on 10 2 1998. Ved Ram accused appellant in Criminal Appeal No. 759 of 1980 has also died and the present appeal has consequently abated to his extent on 10 2 1998. In the result, there remains only the Crl. Appeal No. 759 of 1980 to the extent of Kishan Lal accused appellant.

(2.) WE have heard parties counsel.

(3.) THE prosecution story was that Daya Shanker accused appellant has developed illicit relations with the wife of Sita Ram which relation continued for 3 4 years prior to the date of occurrence and as far back as one month from the date of occurrence, Daya Shanker had started keeping with himself the said wife of Sita Ram as his mistress and she lived at his house for 10 12 days, whereafter, the mother of Daya Shanker accused appellant sent that woman to her parents place Pundri as she had disliked the coming of that woman, that the said woman sent mass age to Shyam Lal informant calling upon him to meet her in Mainpuri, whereupon, he went to Mainpuri and met her and she told him that her husband was not keeping him and that he (informant) should pursuade the mother of Daya Shanker accused appellant to keep her, whereupon, he met the mother of Daya Shanker accused appellant but she did not agree, that thereupon, Ram Chandra accused appellant persuaded his younger brother Ram Das to keep this woman as his own wife and consequently, this woman started living with Ram Das as his wife at the house of the informant Shyam Lal. The prosecution story further is that 2 days prior to the present occurrence, all the three accused appellant had threatened Ram Chandra deceased to see him. The present occurrence took place on 16 10 1979 at 7.00 p.m. The prosecution claim that at that time, Ram Chandra deceased was repairing the sides of a water channel (Barha) near the Usar of Narendra Singh Pradhan in order to carry water to the paddy field of the family while Shyam Lal informant was present in the eastern paddy field of the family waiting arrival of water for irrigation, that at that time, Ramesh Chandra deceased cried, "CHALIYO BHAYEE MUJHEY KISHAN LAL NE PAKAR LIYA HAI.", whereupon the informant Deen Dayal and Akhter ran towards the deceased and Deen Dayal witness flashed his torch and Mathura Prasad Mishra who was returning from Mainpuri to his own village also flashed his torch and rushed to the spot and saw that Kishan Lal accused appellant was holding Ram Chandra deceased and exhorted, "IS SALEY KO JAN SEY MAR DO," and that Ved Ram accused appellant inflicted injuries on the body of the deceased with knife while Daya Shanker accused appellant assaulted him and inflicted injuries with Gandasa, that due to the injury, Ram Chandra deceased fell down to the ground and the assailants ran away and when the informant and the witnesses reached near the deceased he died instantaneously at the spot itself.