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CASE NO.
JUDGES
Vishnu Sahai
S.S Parkar, JJ.
JUDGMENT
Vishnu Sahai, J.: — The appellant aggrieved by the judgment and order dated 23rd
November, 1981 passed by the Additional Sessions Judge, Greater Bombay in Sessions
Case No. 361 of 1980 convicting and sentencing him to undergo rigorous imprisonment
for life under section 302 read with section 34 I.P.C has come up in appeal before us.
2. Along with the appellant one Nandkishore Gulabsingh Rathod was also convicted under
section 302 I.P.C read with 34 I.P.C and had been sentenced to life imprisonment. He
had preferred Criminal Appeal No. 93 of 1982 in this Court. As the learned Additional
Public Prosecutor made a statement on the basis of some documentary evidence that the
said appellant had died on 9-9-84, we ordered his appeal to stand abated on 28-6-96. The
prosecution case in brief runs as under:—
3. Deceased Premchand was the real brother of Kishore Ghusia P.W 5 and Jaichand Ghusia
P.W 8. They had a sister Lajwanti who was married about 15 years ago to one Ramkrishna
in Gorakhpur, Uttar Pradesh. Lajwanti had four children from Ramkrishna. About two
years prior to the incident she left Ramkrishna and her children and came down to
Bombay. There she married one Ramdeo Srivastav, the real brother of the appellant. After
marriage with Ramdeo, Lajwanti started residing in a hut situated about 100 meters away
from the hut of the deceased and others. On account of Lajwanti's marriage with Ramdeo,
relations between Premchand and others on one hand and Lajwanti on the other became so
much strained that they stopped visiting one another. On 18th May, 1980 at about mid-day
Lajwanti came to the house of Premchand and others. Since they were not on visiting
terms, the mother of Premchand and others asked Lajwanti to go back. Lajwanti however
insisted that she wanted to meet Premchand. Thereupon the mother of Premchand and
others pushed her away. This apparently seems to have infuriated the appellant who was
Lajwanti's brother-in-law.