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1997 Supreme(SC) 1567

M.M.PUNCHHI, M.SRINIVASAN
State Of U. P. – Appellant
Versus
Hari Om – Respondent


(1) THESE appeals are against the judgment and order dated 8/11/1990 passed by a division bench of the High court of Allahabad acquitting the accused/respondent of the charge of patricide.

(2) THE deceased Madan Lal had four sons, mother, a wife and a daughter. The respondent, Hari 0m was his eldest son. Hari 0m alone was married. The deceased, Madan Lal had about 28 bighas of land, a pair of bullocks and a buffalo. The respondent, a tailor by profession wanted to shift to his inlaws house and a few days before the occurrence, had actually shifted to that place. On 26/6/1980, Madan Lal, the deceased and his son, Har Govind, Public Witness were returning home from their fields in the evening at about 6.30 p.m. after having carried out their agricultural pursuits. The deceased was leading his pair of bullocks and behind him his son Har Govind was walking carrying a "plough". Close to an orchard on the way, the respondent was found standing. He engaged his father in talk on the topic that he should separate him and give him his share of the property. The deceased maintained that he had given education to his sons and that his giving any share to the deceased did not ari



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