AJUDDHI Vs. STATE OF U.P.

JUDGEMENT

(1.) ONE Sri Pal was murdered by a single gun shot afflicated from the above quilt that he was putting on, in the night of 12/13 -2 -1977 in the village Katinna, P.S. Qadar Chowk, District Budaun. Two persons, namely, Ajuddhi and Smt. Ram Devi, the two accused appellants were tried on the charge of murder and were convicted by the judgment and order dated 8 -12 -1978 passed by the II Additional District and Sessions Judge, Budaun. Both the appellants were sentenced to imprisonment for life under Section 302 and 302/34 I.P.C. The conviction of Smt. Ram Devi was with the application of Section 34 I.P.C. Aggrieved by the conviction and sentence they have come in appeal before this Court. The facts put before the trial court and not disputed even before this Court in appeal are that Sri Pal was the son of Smt. Ram Devi. The father of Sri Pal namely, Bhim had died long time back. Smt. Ram Devi, after the death of Bhim had developed some illicit connections with one Buddhi who might have been the elder brother of Bhim, may be for some other reason or anything like that is not very material. After some time Smt. Ram, Devi developed illicit connections with the other accused, namely, Ajuddhi. As usual, there was resentment in the locality and the people coazed them that is the mother and the son, whereupon the son told the mother that if she continued the relations with Ajuddbi, she would be turned out from the house., According to the statement of the accused thereafter they stopped intimacy and continued to live separately in perfect morals.

(2.) THE contention though half heartedly as put by the prosecution was that in the night of the occurrence Ajuddhi had gone to the house of Sri Pal where in a room both Sri Pal and Smt. Ram Devi were sleeping in two different cots, in the north and south of the room. There was some obstacle between the two as it appears from the site plan. Possible at around 9 P.M. Sri Pal felt the presence of some body and questioned his mother Smt. Ram Devi slipped Ajuddhi under her cot and made Sri Pal believe that there was nothing. At about mid -night, Ajuddhi insisted upon Smt. Ram Devi that Sri Pal was an obstacle in their lover affairs and should be done away with and hesitantly and unwillingly Smt. Ram Devi also agreed, after some persuation and ultimately they went together to the cot of Sri Pal where Ajuddhi fired from over the quilt causing him the fatal injury. The witnesses are also said to have arrived on the hue and cry and the Prosecution put forward a case that the accused Ajuddhi was seen going away from the house of Sri Pal with something like a Katta in his hand.

(3.) THE evidence led before the learned Sessions Judge was of (P.W. 1) Dharmi, (P.W. 3) Meghnath and (P.W. 6) Maiku who were examined to support the above story. These witnesses have been disbelieved by the learned Sessions Judge and in our opinion rightly. In addition to the reasons given by the learned Sessions Judge for disbelieving them we would also like to record that the story was palpably false and against any possible course of nature. Naturally the first part of the incident alleged to have taken place at about 9 P.M. could not have been witnessed by any of them and if we consider the statement of Smt. Ram Devi as narrated by these persons, it cannot be read in evidence in any case against Ajuddhi who according to the prosecution case itself has been the main accused. We would like to mention here that according to the prosecution, the story even as stated by Smt. Ram Devi, is an extra -judicial confession making Ajuddhi the main accused liable as he is said to have been the author of the fire. If the case or the evidence in respect of Ajuddhi is considered to be inadmissible, the guilt of Smt. Ram Devi would automatically fall as her role is said to be in the nature of silent spectator who had gone to the bed of Sri Pal and simply stood towards her head.