U. S. TRIPATHI, J.

This appeal has been directed against the judgment and order dated 28-7-1981 passed by the then VIIIth Additional Sessions Judge, Etah in Sessions Trial No. 165 of 1981 convicting appellant Ram Bharosey under Section 302 IPC and 201 IPC and sentencing him to undergo imprisonment for life under Section 302 and RI for a period of one year under Section 201 IPC. Both the sentences were ordered to run concurrently.

2. The prosecution story, briefly stated, was that the appellant Ram Bharosey, Umesh Chandra (PW 1) and his younger brother Dinesh (9) deceased, were residents of village Kamalpur Mai, P. S. Sakeet, District Etah. Father of Umesh Chandra (PW 1) had died some 8 years ago leaving behind his 5 sons. Dinesh (9) deceased was youngest amongst his brothers. His three elder brothers Mahesh Chandra, Suresh Chandra and Girish Chandra were living at Firozabad. Dinesh deceased alongwith his brother Umesh Chandra (PW 1) and mother was residing at village Kamalpur Mai.

3. During consolidation operation, a well of Umesh Chandra (PW 1) had gone into chak of Ram Bharosey appellant and the appellant Ram Bharosey had to pay its compensation to Umesh Chandra (PW 1) and his bro

Click Here to Read the rest of this document