- (1.)LALMAN and his brother Motilal were tried for murder in respect of the death of three person?, namely, Balmik, Mat, Kunki (who was living with Balmik as his wife) and their daughter Booti, They were also jointly tried for an attempt to commit murder of Munna, a son of Balmik and Mst. Kunki. They were convicted of murder of Balmik, Mst. Kunki and Booti and, for these offence3, each was sentenced Under Section 302 or Section 302 read with Section 34 of the Penal Code to a consecutive term of imprisonment for life. For the attack made on Munna, Lalman alone was convicted Under Section 323 of the Code and sentenced to a consecutive term of imprisonment for one year. Lalman and Motilal have filed this appeal against their conviction and the sentences awarded to them.
(2.)THE State Government have filed Criminal Revision No. 625 of 1967 for enhance. ' ment of the sentences awarded to Lalman and Motilal. This judgment shall, dispose of that revision also.
(3.)THE material facts appearing from the evidence, which are not now in dispute, may be shortly stated. Balmik, Lalman, Motilal and Mohanlal were four brothers who lived and messed jointly at village Kyoti. They also jointly held over 60 acres of laad in thats. village. It transpired that the eldest brother Balmik, who was blind, took in his keeping Mst. Kunki. wife of his younger brother Moti. lal. The bad name which Balmik thereby required compelled him and Mst, Kunki to leave the village ard go to Jabalpur where Balmik became a professional beggar. That was some eight years ago. In the year 1936, he had re. turned to village Sam where he gave his daughter Booti in Marriage to a cousin of Jagannath Pra'-ad P. W. 2. Later on, Balmik thought of getting his share of his joint family land and accordingly made on August, 19, 1966 an application to the Tahsildar for partition and separate possession of his l/4th share in the land [ex. P-17]. In due course, Balmiki was directed to produce evidence to show that there wag no partition. One of the dates fixed for the purpose was October, 27, 1966. At or about that time, Balmik had erected a hut in one of the joint family fields and start. ed living there with Mat, Kunki and his two illegitimate children, Booti and Munna. On the morning of October, 31, 1966, at about 8 A. M. to be more precise, Balmik, Mst Kunki and Booti were attacked and killed and their dead bodies lay in the adjacent field of Amar-singh P. W. 1. Even the small boy Munna was not spared and he too received Borne injuries.