GOPI Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Gopi, Rampat, Chandru, Amarchand and Budhram who have been convicted under secs. 302/149 of the Indian Penal Code by the Additional Sessions Judge at Churu.

(2.) THE prosecution story is briefly this: Girdhari deceased had been living in village Bhangarh for the last two years at the house of Mst. Sona. Her husband Mukhram died sometime in November,1949. THEreafter she adopted Girdhari's son Ramsingh as she had been told by her husband to do so. Gopi and Rampat appellants who are brothers were collaterals of Mukhram. THEy did not like this adoption of Ramsingh. Consequently, they filed a suit in March, 1950 against Mst. Sona challenging the adoption made by her. THEreafter, it is said that there were applications and counter-applications by the two parties against one another under sec. 107 of the Code of Criminal Procedure. Mst. Sona and Girdhari were on one side in this matter while the appellants and some others including one Sheo-karan were on the other side. THEre was thus undoubtedly bad blood between the parties from before the present incident.