STATE OF UTTAR PRADESH Vs. CHET RAM

JUDGEMENT

(1.) Respondents Chet Ram, Buddhi and Puttu, sons of Girdhari were convicted by the Sessions Judge of Shahjahanpur under Ss. 394 and 302 read with S. 34, I.P.C. and sentenced to 4 years' RA. and life imprisonment respectively but the High Court allowed the appeal preferred by them and set aside their convictions and sentences and hence this appeal by special leave by the State of Uttar Pradesh.

(2.) Deceased Kishori was the widow of Ram Bharose, a step brother of the respondents' father Girdhari. The land belonging to Girdhari and Ram Bharose were originally under joint cultivation but after consolidation proceedings were taken by Kishori, the land was demarcated and separate chaks were prepared. Kishori insisted upon and was doing separate cultivation of her land and this was resented by the respondents. Kishori was cultivating the land separately with the help of PW 3 Maiku on "Batai" basis. The respondents had cast covetous eyes on the land of Kishori since she did not have any issues of her own. Irked by Kishori's refusal to allow them to cultivate the land, the respondents are alleged to have done her to death on the night of 12/13 May. 1970.

(3.) Kishori and the respondents were living in adjoining houses separated only by a single wall. Kishori was living alone in her house. On the night in question at about midnight PW 3, whose house is only about 40 or 50 paces away from Kishori's house heard her cries of alarm and ran to her house. As the entrance door was bolted from inside, PW 3 scaled over the wall with the help of a lathi and gained entrance to the house. A lantern was burning in the house and by the light shed by it he saw the respondents attacking her. Respondent Chet Ram was holding her legs pressed to the cot while respondents Buddhi and Puttu were attacking her with a knife and sooja respectively. PW 3 ran to the front door and unbolted it and thereupon PW 5 Ram Bilas and one Behari, who had also been aroused by the alarm of Kishori came inside the house and raised alarm. At once the respondents snatched a Hansli and Jantar worn by Kishori and ran away to their house by jumping over the partition wall between Kishori's and their house. A few minutes later PW 8 Salikram, the village Sabliapati also came to Kishori's house and Kishori told him that she had been attacked by the respondents.