JATA SHANKAR Vs. STATE OF U. P.

JUDGEMENT

(1.) These two criminal appeals arise out of the single judgment and order dated 3.5.1986 passed by the Learned special Judge, Unnao in Sessions Trial No.406 of 1985 under Section 302/34 and 307/34 I.P.C., Police Station-Maurawan, District- Unnao, whereby the accused/appellants have been convicted and sentenced to undergo imprisonment for life under Section 302/34 IPC and three years' rigorous imprisonment under Section 307/34 IPC.

(2.) The case of the prosecution in brief as emerging out from the contents of the F.I.R. and the evidences laid before the court is that the elder brother of the informant (Ram Praksh, PW-1) namely Sachidanand, resident of Village Korwa (Mawai), Police Station - Maurawan, District 'Unnao' was married to Meena Kumari, the daughter of accused appellant, Jatashankar in February 1983. Smt. Meena Kumari died of burn injuries as she caught fire while cooking food. Accused Jatashankar, his sons namely accused appellants Mukesh and Rakesh came under impression that the said Meena Kumari was intentionally burnt by her-in-laws. Consequently, the family of the accused persons developed tense relation with the informant's family on account of above incident. They used to remain in search of chance to take counter action against informant's family in vengeance. On 22.6.1985 at about 6:15 a.m. moving a written complaint, the informant Ramprakash informed the Station House Officer of Police Station- 'Maurawan' that in the preceding night of 21/22.6.1985, when his father Ram Asrey, Mother Smt. Naval kishori (PW-2) and his sister Kumari Girisa were sleeping on their cots in front of their house, Ramparakash (PW-1) was sleeping on the roof of the house and a lilted lantern was hanging as usually on the door of the house, at about 1:00 a.m. when the informant awakened to pee, he saw accused Jatashankar armed with a gun, Mukesh armed with a country made pistol (Katta), Rakesh armed with a 'Tabbal' and Raju, son of maternal aunt of Mukesh armed with a country made pistol (katta) had invaded on the door (sahan) of the house and were near the cot of his father. Accused Jata Shankar and Mukesh fired on his father from their respective weapons. Hearing the noise of gunshot his mother Naval Kishori (PW-2) and sister Kumari Girisa suddenly awakened from sleep and began to shriek for their rescue. On this, accused Mukesh fired upon Smt. Naval kishori also with intention to kill her. The accused Rakesh inflicted blows of the 'tabbal' on the head of Kumari Girisa, consequently both of them sustained injuries. Hearing the hue and cry, the neighbouring villagers Ram Shankar (deceased, victim in the incident), Jagannath and Pyare rushed up to the spot, flashing torches along with others. Ram Shanker was leading them, accused Mukesh and Raju @ Chandra Prakash fired on him, he turned and ran towards his house but fell down at the door of his house and died there. Feared of their lives the other villagers ran away from the spot. The accused appellants were searching the informant-Ramprakash, climbing upon the roof with the help of a ladder, to kill him and his brother. They were shouting that they would take revenge of burning the daughter by killing the entire family. When they could not found the informant and his brother, they fled away from the spot seeing the villager gathering there. Ram Prakash (PW-1) went to Maurawan Police Station got scribed written report and submit the same to the Police Station on 6:15 a.m. of 22nd June 1985. The case was registered against the accused persons and investigated by Shiv Swaroop Tiwari (PW-8) and after completion of all the formalities charge sheet against accused persons has been submitted by him in the Court.

(3.) The Trial Judge, when the accused persons were produced before the court, framed charges under Section 302 IPC read with Section 34 IPC against all of them while accused Rakesh and Mukesh were charged under Section 307 IPC and accused Jatashankar and Raju for the charge under Section 307 IPC read with Section 34 IPC.