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IN THE HIGH COURT OF ALLAHABAD
U. S. TRIPATHI, D. P. GUPTA
PARMANAND - Appellant
Versus
STATE - Respondents
CRIMINAL APPEAL 2098 Of 1981
Decided On : 07/11/2003
conviction - murder - Section 302 I. P. C. - Section 302 read with Section 34 I. P. C. - summary of the acts and sections referenced and discussed by the court: The court discussed the evidence related to the murder under Section 302 I. P. C. and the application of Section 34 I. P. C. to establish common intention in the commission of the offense.
Fact of the Case:
The deceased was threatened by the appellants to transfer his land, and subsequently, he was murdered while accompanied by witnesses. The court found the appellants guilty based on the prosecution's evidence.
Finding of the Court:
The court found the appellants guilty based on the prosecution's evidence and established the motive for the murder.
Issues: The issues included the establishment of guilt based on the evidence presented by the prosecution and the determination of common intention under Section 34 I. P. C.
Ratio Decidendi: The court applied the principle that to attract Section 34 I. P. C., it is enough if it is shown that the accused shared a common intention to commit the offense and in furtherance thereof each one played his assigned role by doing separate acts, similar or diverse.
Final Decision: The appeal was dismissed, and the conviction and sentence of the appellant Hari Ram were confirmed.
( 1 ) THIS appeal has0 been directed against the judgment and order dated 8-9-1981 passed by the then 1st additional Sessions Judge, Barielly in S. T. No. 79 of 1981 convicting the appellant parmanand under Section 302 1. P. C. and appellant Hari Ram under Section 302 read with Section 341. P. C. and sentencing each of them to undergo imprisonment for life.
( 2 ) THE prosecution story, briefly stated, was as under :kundan Lai (50) deceased resident of village Siraura, P. S. Bhojipura, district Bareilly was real brother of Gendan Lai, the father of appellants Parmanand and Hari Ram. Gendan Lai had another son Hardwari. Kundan Lal had no male issue and had only one daughter named Smt. Nanhi, who was married with Ajudhia (P. W. I), resident of village Ashpur, P. S. Hafizganj, district bareilly, Kundan Lai deceased was living separately from his brother Gendan Lal. Kundan Lai owned about 35 Bighas agricultural land, which was jointly recorded in his name and in the name of Gendan Lal, but each of them had got separated their share by mutual agreement. Kundan Lal had given his land on Batai (crop share basis)since Kundan Lal had no male issue the appellants wanted to take his land and had also threatened him that in case he did not transfer his land in their favour they would kill him. On 1-4-1980 at about 12. 30 P. M. appellant Parmanand again threatened kundan Lai deceased to transfer his land in his favour otherwise he would kill him. Kundan Lai deceased had lodged report (Ext. Ka-17) of the said incident at police station bhojipura.
( 3 ) APPREHENDING danger of his life at village Siraura, Kundan Lal deceased had come to his daughters house at village Ashpur and was residing there after 1-4-1980. After a month of it Gendan Lal father of the appellants came to Kundan Lal at village ashpur and apologized for mistake of his sons and asked him to go to his village but kundan Lal deceased refused. Then Gendan lal asked him to give his land to him on batai. Kundan Lal deceased agreed to it and gave his land to Gendan Lal on Batai. Thereafter, Gendan Lal had sent wheat of his share to Kundan Lal deceased.
( 4 ) ON 12-11-1980, a day before the occurrence of this case, Hardwari, brother of the appellants came to Kundan Lal at village Ashpur at about 10. 00 A. M. and asked him to go to his house to take paddy of his share. Kundan Lal deceased agreed to it and told that he would come next day. On 13-11-1980 at about 8. 00 A. M. Kundanlal along with Ajudhia (P. W. 1) and Mangali (P. W. 2) started for village Siraura in a bullock cart and they reached at the Chaupal of appellants at about 10. 00 A. M. There they took their meals. The appellants asked kundan Lal deceased to go to Khalihan to take paddy of his share. Kundan Lai deceased proceeded to Khalihan along with appellants Parmanand and Hari Ram as well as Ajudhia (P. W. I) and Mangali (P. W. 2 ). When they reached at a distance of about one furlong towards west of the village abadiin between Jwar Arhar and Jwar Patsan fields appellant Hari Ram whipped out acountry made pistol from his waist and pointing towards Ajudhia (P. W. I) and Mangali (P. W. 2) asked them to go back. Due to fear Ajudhia (P. W. I) and Mangali (P. W. 2)receded back 8 to 10 paces. Appellant Hari ram stopped Kundan Lai deceased. Then appellant Parmanand whipped out a sickle from his waist and inflicted the same on his abdomen. When Ajudhia (P. W. I) and mangau (P. W. 2) tried to raise alarm appellant Hari Ram again threatened them on the point of pistol that in case they raised alarm they would meet the same fate. Therefore, they could not raise alarm. Kundan Lal deceased fell down and died on the spot. Ajudhia (P. W. I) came to Pradhan of the village and narrated the entire incident. Village people also assembled there. Thereafter, they asked him to lodge report. Ajudhia (P. W. I) got prepared (Ext. Ka-1) from one niranjan and lodged the same at police station Bhojipur at 1. 00 P. M.
( 5 ) CHIK F
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