STATE OF UTTAR PRADESH Vs. BABU RAM

JUDGEMENT

(1.) Whoever was the assailant it was a hatrick for him when three persons of the same house were slaughtered in one operation. If respondent was the assailant it was a case of patricide-cum-matricide-cum-fratricide. In the realms of homicidal crimes such episodes rarely happen. So the task is heavy for the prosecution to carry conviction of the truth of the allegation against the respondent. That perhaps may be the factor which influenced the High Court in giving benefit of doubt to this respondent.

(2.) Babu Ram-the respondent was found by the trial Court to have committed such a triple murder of his father, mother and brother and buried the corpses inside their own courtyard. The Sessions Judge chose the extreme penalty for him for the offence under Section 302, IPC. But he got a clean chit from the High Court of Allahabad when a Division Bench exonerated him of the offence. The State of U. P. now challenges the order of acquittal in this appeal filed by special leave.

(3.) The victims of the triple slaughter were Devi Dayal and his wife Champa Devi and their son Sitaram. The ill-fated parents Devi Dayal and Champa Devi had 5 children-3 sons and 2 daughters. Respondent Babu Ram was the eldest among the children and Sitaram was the second son. The third among the sons-Radheshyam-was not living with the parents during the tragic night. Two daughters of the parents were Tarawati and Chakrawati. Both of them were married away and they were living with their husbands in their respective nuptial homes. Devi Dayal and Champa Devi were living in their house at Kuri Lawa, Barabanki. Babu Ram and his brother Sitaram were also staying with them in the same house. The third son Radheyshyam used to live in the house of his sister Chakrawati.