SITA RAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 30-4-1981 passed by Sri B.B. Khare the then IInd Addl. Sessions Judge, Farrukhabad in Sessions Trial No. 10 of 1981 convicting and sentencing the appellant to imprisonment for life under Section 302 of Indian Penal Code.

(2.) The prosecution case in brief was that Kamta the deceased of this case was real brother of Gulzari Lal P.W.1 and Gokaran P.W.2. It is said that in the year 1977 a theft was committed in the house of Kamta deceased. The theft case proceeded against Sita Ram appellant and was pending in the Court when the present incident occurred. It is further alleged that only a few days before the murder of Kamta, the present appellant extended a threat to deceased Kamta that if he gave evidence against him in the theft case, he would kill him. He also offered a sum of Rs. 1000.00 if the deceased agreed not to give evidence against him but the deceased did not accede to this offer of the appellant.

(3.) It is alleged that in the night between 9/10-4-1980 deceased was sleeping in his Khalihan which was kept in his field far removed from the village Abadi. On that night his brother Gulzari P.W.1 and Gokaran P.W.2, along with Ram Bilas were sleeping at the tube well of Badri Prasad. At about mid night they got up on hearing shrieks and cries of the deceased. They rushed towards the scene of occurrence and saw that Kamta was being assaulted by the appellant Sita Ram with Pharsa while his two unknown compan?ions were assaulting him with Ballam. The incident was witnessed in the light of torch carried by Gokaran. On alarm being raised by the aforesaid witnesses, Ram Chandra and Munna also arrived at the scene of occurrence. They all challenged the appellant and his companions whereupon they took to their heels. Gulzari got First Information Report scribed by Sripal Singh in the morning and lodged the same at police Station Shamsabad at 8.10 A.M. On the basis of this written report chik F.I.R. was prepared, case was registered in the general diary and investigation ensued. Station Officer K.P. Singh was present at the time when the case was registered. He proceeded for the scene of occurrence and found dead body of Kamta lying on a cot in his Khalihan. Inquest was held and dead body was sent for post mortem examination. He also prepared site plan Ext.Ka.9 and collected blood stained cloths of the deceased which were found kept separately on the cot.