RAMJEET Vs. STATE OF U P

JUDGEMENT

(1.) The appellant Ram Jeet has been convicted under Section 302 I.P.C. and sentenced to imprisonment for life by the judgment and order dated 30.9.1983 delivered by the Additional Sessions Judge/Special Judge, Azamgarh in S.T. No. 313 of 1982.

(2.) One Shanker was murdered in the morning of 1.7.1982 at about 6 a.m. in village Bilari Ajgara, P.S. Atraulia, District Azamgarh. A first information report in respect of the murder of Shanker was lodged by one Rajman the brother of Shanker conveying that Shanker had some illicit relation with his daughter-in-law, Smt. Basmatia, the wife of Ram Jeet accused. Ram Jeet accused is the son of Shanker, the deceased. The F.I.R. also communicated that on account of these illicit relations, the wife of Shanker usually lived with her parents while Ram Jeet himself mostly lived in his Nanihal. On the date of occurrence, the contention was that, at about 6 in the morning, Shanker said to Ram Jeet who had come a few days back that he was taking unearned bread and was not working for the welfare of the agriculture. He also directed Ram Jeet to collect the manure lying under the ox and throw it into the field. This irritated Ram Jeet, who began to collect the dung with the help of spade and at the same time heated exchange of words also began between them. After some talk, Ram Jeet went to the cot of Shanker and assaulted him with his spade. Shanker also attempted to save himself by raising hands. Shanker was injured and Rajman and others also reached there but Ram Jeet made his good escape. Shanker died after some 3 or 4 hours of the injuries.

(3.) The report of the incident was lodged at the police station at about 4 p.m. on 1.7.1982, the distance of the police station being 7 miles. Though it was mentioned that there was some delay in the F.I.R. as Rajman had also other brothers who were living in village Saidapur District Faizabad. If we take into account that Shanker had not died till about 11, it cannot be said to be much of a delay. However, at the same time, the very idea of hammering in the mind of informant that there was delay in, the F.I.R. is a factor not to be lost sight of.