BHARAT LAL TEWARI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 28-11-1980 passed by Sri J. P. Singh, the then Vth Addl. Sessions Judge, Allahabad in S.T. No. 270 of 1978 (State v. Bachchan Singh and another), whereby he convicted Bharat Lal Tewari accused-appellant of the offence under Section 302, IPC and Bachchan Singh accused-appellant of the offence under Sections 302/109, I.P.C. and sentenced each one of them to undergo imprisonment for life.

(2.) The deceased in the present case is Suresh Chandra Yadav. The informant in this case is Desh Raj Yadav, father of Suresh Chandra Yadav, deceased, Bachchan Singh accused-appellant was editor of a local newspaper 'Deshdoot' and Bharat Lal accused-appellant was an employee in the same newspaper. Bhagauti Prasad Singh co-accused was the Sarhu of Bharat Lal Tewari accused-appellant (husband of his wife's sister i.e. their wives were real sisters inter se).

(3.) In House No. 51, Colonelganj, Allahabad, there were several portions, Shitala Prasad Asthana (PW 1), S/o. Ram Govind Lal, was living in a portion of the said house. Another portion belonged to his father Ram Govind Lal. One portion of the said house was in possession of Bhagauti Prasad Singh co-accused. Bachchan Singh, accused-appellant, started living with Bhagauti Prasad Singh co-accused, in his portion. Ram Govind Lal, father of Shitla Prasad, died 5 or 6 years before this occurrence.