I.S.MATHUR, J. - (1.) This appeal is directed against the judgment and order dated 30-3-1979, passed by IX Addl. Sessions Judge, Kanpur, convicting the accused under Section 302, I.P.C. read with Section 34, I.P.C. and sentencing him to Imprisonment for Life.
(2.) Appellant Barkau alias Raj Kumar is the son of Ram Kishan alias Bankey. Raj Kumar was a tenant in the premises in town Bithoor belonging to Thakur Laxmi Narainji of which deceased Som Prakash was the manager. A dispute arose between Raj Kumar and deceased Som Prakash as a result of which a suit for eviction was filed which was ultimately decreed, and Ram Kishan was directed to be evicted Som Prakash got the possession of that premises on 28-3-1976 through court after the dismissal of first appeal No. 366 of 1973. The second appeal was also dismissed by the High Court on 4-12?-76. After eviction, Barkau, along with his younger brother Gopal, started residing in a Khandahar in town Bithoor.
(3.) Ram Narain, the uncle of Som Prakash deceased, was doing pariavi in the civil case of eviction on behalf of Som Prakash it is alleged that appellant Barkau, along with his younger brother Gopal, committed murder of Ram Narain on 29-12-1972 and they were convicted in Sessions Trial No, 271 of 1973. On appeal they were acquitted by the High Court, vide judgment dated 23-3-1979, after the date of incident resulting in the murder of Som Prakash.;