MANI RAM Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) The accused/appellant Mani Ram was tried by the Sessions Judge, Pithoragarh, in S.T. No. 28 of 2000. By judgment dated 27-3-2001, he has been convicted and sentenced to death u/S. 302, IPC for committing the murder of his wife and mother-in-law and to undergo ten years rigorous imprisonment u/S. 307, IPC for attempting to commit murder of three others. Aggrieved, he has preferred this appeal from jail.

(2.) Learned Sessions Judge, who passed the impugned judgment and order, has also made a reference u/S. 366, Cr. P.C. for confirmation of death sentence passed against the accused/appellant.

(3.) Broad essentials of the incident and the evidence may be set forth. The incident took place on 30-5-2000 at about 9-30 a.m. in the Sasural of the accused/appellant situated in village Kwaran, Patti Patharkhani, Tahsil and District Pithoragarh. He had been married with the deceased Vidya Devi daughter of another deceased Kamla Devi one or two years before this incident. Vidya Devi was residing with the accused/appellant, but 2-3 days before the incident, she had been fetched by her mother Kamla Devi to her own house and the accused/appellant had also accompanied the two ladies. On the day of incident, the accused/appellant asked his wife Vidya Devi to come back with him to his own house. However, she as well as her mother Kamla Devi told him that that was Tuesday and it was inauspicious for a married lady to return to her Sasural from the house of her parents on that day. Both the ladies implored him to stay there for a day or so more. Thereafter, Vidya Devi could return with him to his house. The accused/appellant did not agree and insisted to take Vidya Devi with him that very day and as the two ladies did not abide by his wishes, he picked up a sharp edged weapon (Bariath) and started striking blows on the two ladies, who died of the injuries then and there. At that time Vidya Devi was carrying pregnancy of 3-4 months. Vidya Devi's cousin sister Chandrakala was also inside the house at that time. Taken aback by the ghastly incident, she rushed out of the house and raised shouts attracting her mother Jayanti Devi to the scene. The accused/appellant, after committing the murder of his wife and mother-in-law, also came out of the house with sharp edged weapon and caused injuries to Chandrakala's mother Jayati Devi. Another Jayanti Devi who was the step mother of Vidya Devi had gone out of the house with her son Vijay Kumar to a little distance. She also rushed up with him on hearing the shouts of Chandrakala and while fleeing the accused/appellant caused injuries to her and Vijay Kumar also with the sharp edged weapon that he had. He managed to make his escape good towards jungle with the weapon of assault.