RAJENDRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The sole surviving appellant, Rajendra (Narpat, Appellant No. 2 having died during the pendency of this appeal) is before us aggrieved by and dissatisfied with a judgment and order dated 23.9.2004 passed by the Division Bench of the High Court of Judicature at Allahabad in Criminal Appeal No. 181 of 1982 affirming a judgment of conviction and sentence dated 20.1.1982 passed by the Vth Additional Sessions Judge, Ghaziabad in Sessions Trial No. 183 of 1981 under Section 302 read with Section 34 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for life.

(2.) The prosecution case, as disclosed in the first information report lodged with the Dadari Police Station by Phoolwati (PW1), wife of the deceased Ratiram on 27.5.1981 is as under : Ratiram was a Goldsmith. He received some ornaments from the appellant. However, he did not return the same. He had been assaulted a couple of times by the appellants. He left the village for Kanpur. He has two sons, Govinda and Jahangir Ram. Govinda also went outside the village in 'pursuit of his new field of engagement'. Appellants are stated to have visited the house of the deceased and made enquiries in regard to his whereabouts from Phoolwati (PW1). Eight days prior to the incident, Govinda had returned home. Phoolwati was again asked as to when the deceased would return to the village. She asked for an assurance that he would not be assaulted. Richhpal who was Pradhan of the village (since acquitted) allegedly gave her such an assurance. Govinda thereafter went to Kanpur to ask the deceased to come back to the village. He reached his village at about 6.00 am in the morning. At about 7- 7.30 am, the accused allegedly came with Ratiram. Return of the ornaments was demanded to which the deceased replied that he would repay the debt in due course. He was assaulted. One of them put his hand around his neck. He was bodily lifted. While he was being carried, he clutched to the door frame which also came out. He was thereafter said to have thrown in a nearby well. He died of asphyxia.

(3.) Phoolwati went to the Police Station which was about three furlongs away from the village. A First Information Report (FIR) was lodged at about 7.50 am. In the said FIR, presence of Munna (PW1), Surajbhan (PW3) and Jahangir Ram (PW4), minor son of the deceased was disclosed. The Investigating Officer came to the village. The dead body was taken out of the well at about 10.00 am and was sent for post mortem. In the post mortem, the cause of action for death was stated to be asphyxia due to drowning. No injury on the person of the deceased was, however, noticed.