RAM KISHAN AND OTHERS Vs. STATE OF U.P.
SUPREME COURT OF INDIA
Ram Kishan And Others
STATE OF U.P.
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(1.) The three Appellants Ram Kishan, Mewa Lal and Sunder Lal have been convicted for the murder of Shri Narain and Smt. Dulara. Mewa Lal has been awarded the sentence of death while Ram Kishan and Sunder Lal have been sentenced to suffer imprisonment for life. The conviction of the appellants depends primarily on the evidence of three eye witnesses PW-1, PW-3 and PW-5. The evidence has been accepted by both the Lower Courts and we are unable to find any ground for differing from the view taken by the Lower Courts on the question of Judgment dated March 18, 1982 in Criminal Appeal Nos. 740-742 of 1980. credibility of these three witnesses. We agree with the appreciation of evidence of these three witnesses and confirm the conviction of the three appellants. The only question is about the sentence of death awarded to Mewa Lal. The motive alleged by the prosecution itself in the evidence was that Smt. Dulara, daughter of Ram Kishan and sister of Mewa Lal and Sunder Lal had left her husband and was openly living in adultery with Shri Narain. Obviously the accused felt dishonoured and humiliated by the conduct of the two deceased persons. In the circumstances, we do not think that we will be justified in confirming the sentence of death. The death sentence of Mewa Lal is accordingly set aside and the sentence of imprisonment for life is substituted in its place. With this modification regarding the sentence, the appeals are dismissed.;
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