RAGHAV SARAN RAI Vs. STATE OF U P

JUDGEMENT

(1.) THE instant appeal has been filed by the appellants Raghav Saran Rai, Shiv Badan Rai, Brijendra Nath Rai and Phullan Rai against the judgment and order dated 20.12.2007 passed by the Additional Sessions Judge Court No. 2 Ghazipur whereby the appellants have been sentenced and convicted under Sections 302/34 IPC for life imprisonment with a fine of Rs. 5000/ - each, in default the appellants shall undergo further one month's imprisonment and the co-accused Sheoji Rai and Smt. Seema Devi were acquitted from the charge of Section 302 IPC.

(2.) THE genesis of the prosecution case narrated in a nut shell in the First Information Report is that Fateh Narain Rai lodged a First Information Report on 18.3. 1993 at 10.30 a.m. alleging therein that in the intervening night of 17/18. 3. 1993 between 12 to 2 'O' clock Shiv Badan Rai, Phullan Rai, Arvind Raj, Bijendra Rai Raghav Saran Rai had brutally beaten the wife of Ramji and when the wife of Ramji Rai became unconscious, at about 2 'O' clock she was set ablaze after pouring kerosene oil on her. When he felt the smell of kerosene oil, he alongwith Ram Bachan Pandey, Narad Rai and Jag Narain Rai reached at the place of occurrence and saw the appellants and the co-accused were fleeing away. THE dead body of the victim was lying inside the house. THE motive behind the commission of the said offence was that the wife of Ramji Rai had a love affair with Shiv Badan (accused-appellant) on account of which there was some discord between them and ultimately the wife of Ramji Rai (Suryawanti Devi) was kilted by beating and burning. On account of night, the incident was not reported at the police station concerned.

(3.) HEARD Sri GS.Chaturvedi, learned Senior Advocate assisted by Sri Mangala Prasad Rai, learned counsel appearing on behalf of the appellants and the learned AGA.