CHANDRA BHAL Vs. STATE OF U P

JUDGEMENT

(1.) The present criminal appeal under Section 374 (2) of the Code of Criminal Procedure has been filed by the appellants against the judgment and order dated 28.01.1982 passed by IVth Additional District and Sessions Judge, Sitapur in sessions trial No. 843 of 1980 convicting the appellants under Section 302/34 of Indian Penal Code and sentencing them to rigorous imprisonment for life.

(2.) The prosecution story is that PW-1 Sunder Lal and PW-3 Babu Ram are real cousins, resident of Village Dasa Purwa within the circle of Police Station Talgaon, District Sitapur. The house of Babu Ram faces east where the house of complainant Sunder Lal is situated, which faces towards west. Between the two houses of Baboo Ram and Sunder Lal there is empty land. Towards north of the house of Baboo Ram lies his land. The complainant PW-1 has constructed a new house which is situated towards 50-60 yards to the east of his old house. It is alleged that 2-3 months before the incident i.e. in November-December, the accused-appellants had planted thorny shrubs towards the northern door of the new house of the complainant PW-1 which resulted into altercation between the deceased Rakesh Kumar and the complainant with the accused.

(3.) It is alleged that on 17.03.1980 at about 7:30 AM while PW-1 was in his old house sweeping along with his son then, towards the northern side of Baboo Ram's house some altercation was going on between the accused persons and Babu Ram as allegedly the accused were digging plinth at that place and Baboo Ram was protesting. When the verbal dispute raised further then the complainant PW-1 and his son Rakesh reached at that spot and asked them not to quarrel. Thereafter, both the accused went to their homes and came with lathis/danda and said to the son of the complainant "tum sale har mamle me aa jate ho tumko aaj nipta hi le".