SAHABJAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellants are real brothers, Mr. M.P. Tripathi, the then III Additional Sessions Judge, Deoria, tried them for an offence punishable under S.302 read with S.34, I.P.C. and vide his judgement in Session Trial No. 22 of 1978, dated 18-9-78 he found both of them guilty and returned their conviction and sentenced them to imprisonment for life. Against this order the present appeal has been filed.

(2.) A small pedigree which is not disputed may be noted down here :

(3.) The deceased of this case is Amruddin, son of Biran, and the first informant in Deoraj, son of Samroo, a cousin brother of Amruddin, Shahabjan and Ramjan the two appellants, are brothers of Kasidani, wife of Jatan. The evidence shows that Smt. Kasidani had deserted Jatan and was living separate from him. In any view of the matter, she is a cousin brother's wife of Amruddin and real brother's wife of Deoraj. The occurrence took place on 9-12-74 at 4.00 p.m. in village Parsani Buzurg within police station Taryasujan of District Deoria. Deoraj lodged the first information report 6 miles away in the Thana Taryasujan the same day at 6.45 p.m. He had got it scribed from one Inder Prasad of the village.