SHEO LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These two criminal appeals (No. 182 of 1980 and No. 472 of 1980) were preferred by Sheo Lal, Suresh and Surendra, arising out of judgment and order dated 25-1-1980 passed by Sri U. S. Tripathi, the then IX Additional Sessions Judge, Kanpur, in S. T. Nos. 190 of 1979 and 212 of 1979, against their conviction and sentence of life imprisonment under Sec. 302/34, T. P. C. Appellants Sheo Lal and Suresh (in Criminal Appeal No. 182 of 1980) are also convicted under Sec. 323/34, I.P.C. and sentenced to six months' R. I. Appellant Surendra (in criminal Appeal No. 472 of 1980) is also convicted under Sec. 354, I. P. C. and sentenced to one year's R. I.

(2.) The prosecution story, in short, is that in the evening of 20-3-1979 at about 6.00 P. M. Km. Sharmi was going to attend the call of nature. P. W. 4 Km. Sharmi was moving few steps ahead of Km. Munni. It is alleged that at the relevant moment Surendra and Suresh accosted Km. Sharmi. They told her to accompany them into Arhar field and with that intent they also held her hands. On the alarm raised by her, Km. Munni rushed to her rescue. At this, both the accused persons took to their heels. On her return to the house, P. W. 4 Km. Sharni narrated the incident to her maternal uncles, Krishnapal, the deceased in the incident, and P. W. 3 Vijaypal. Both the brothers, went to the house of Sheo Lal, appellant, and made a complaint about the shameful behaviour of his son and nephew. Having made the complaint they came back to their house.

(3.) The deceased, Krishnapal, along with his brother Vijaypal were relaxing and smoking Bidis on the Chabutara, which abuts their house. A burning lantern was also hanging near the grass-cutting machine. A lamp was also burning at the main door of the house.