RAM RAJ Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against the judgment and order, dated January 15, 1983 passed by Sri Daya Shankar Misra, Vth Additional Sessions Judge, Gonda convicting Ram Raj appellant and sentencing him to imprison ment for life under Section 302, I. P. C. and to rigorous imprisonment for two years under Section 404, I. P. C.

(2.) THE appellant Ram Raj was charged at the trial firstly, under Section 302, I. P. C. for committing the murders of Kandhai and Dukkhi by mixing poison in the food at his residence in village Sheonath Purwa hamlet of Shahjawa, Police Station Paraspur, District Gonda, in the night of February 3, 1981 ; secondly under Section 404, I. P. C. for taking out a sum of Rs. 224 from the pocket of the deceased Dukkhi on the same date, time and place and committing criminal misappropriation in respect of the same and thirdly, under Section 201, I. P. C. for causing the dead bodies of Kandhai and Dukkhi to disappear on the same date, time and place.

(3.) IT is stated that on December 3, 1981, Dukkhi and Kandhai deceased accompanied by Ram Raj appellant and P. W. 7 Gauri Shankar left Lucknow by train at about 12 O'clock in the day. Dukkhi had purchased a pair of lady's sandle a day earlier from Aminabad. Kandhai purchased four tickets from N. E. R. at the Railway Station. The railway tickets were for journey from Lucknow to Colonelganj. He gave one ticket to the appellant, kept one ticket with himself and gave the remaining two tickets to Dukkhi. All the above named four persons were seen off by P. W. 9 Gangadin at the railway station and were not seen alive thereafter. At the time of departure Dukkhi had informed Gangadin that he would come back after two or four days.