PURSHOTTAM RAI Vs. STATE OF U P

JUDGEMENT

(1.) As both these appeals arise out of same judgment and order dated 18.7.1983 passed by IVth Additional Sessions Judge, Ghazipur in Sessions Trial No.91/1982 arising out of Case Crime No.79/1981, whereby the appellant has been convicted and sentenced under Sec. 302 of I.P.C. with Life Imprisonment, both are being decided together by this common judgment.

(2.) We have heard Shri. Prashant Singh, learned amicus Curaie on behalf of the appellant, Shri Rishi Chaddha learned A.G.A. for the State and have carefully gone through the lower court's record.

(3.) The facts in brief are that the deceased Ramdeo Rai, the father of the accused-appellant Purshottam Rai, was living jointly with the family of his real brother Bhola Rai. Both the brothers had 30 bighas of land having joint title and possession. The accused-appellant is the only son of Ramdeo Rai, whereas Bhola Rai has four sons namely Paramhans Rai, Balmohan alias Babbban Rai, Manoj Kumar Rai and Ravindra Nath Rai and three daughters. Their residential house was situated in the main abadi of village Sherpur Kalan, whereas they had a thatched accomodation (Dera) in their fields where they used to keep agricultural goods and cattles. A pumping set was also installed there. The deceased Ramdeo Rai used to sleep at Dera for the purpose of watching the crops, cattles and the pumping set. The accused-appellant Purshottam Rai had lost his mother in his childhood and he himself was issueless. It is stated that perhaps due to this reason, he and his wife had become short tempered. The appellant was pressurizing his father, deceased Ramdeo Rai, to separate his share from the family of his brother Bhola Rai by a partition, but the deceased was not adhereing to this, despite several attempts made by the accused. As a result, there weres clashes between the father and the son, off and on.