RAM AUTAR Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 23.10.2000 passed by Additional District and Sessions Judge, IVth Bareilly in S.T. No. 611/1999, whereby the appellant has been found guilty for the offence punishable under section 302 IPC and has been sentenced to undergo imprisonment for life.

(2.) Succinctly stated the facts of the case are that on 08.12.2008 at 6.45 P.M. complainant Virendra Kumar s/o Roop Lal, r/o village Radhauli Kalan, Police Station Fatehganj Purvi, District Bareilly stating that his co-villager Ram Autar s/o Babu Ram Derji resides in the village along with wife and two children. His mother and elder brother reside in Shahjahanpur. Today at about 5.15 P.M. Ram Autar has killed his wife Smt. Seema and two sons Pancholi aged about 8 years and younger son Bijendra aged about 5 years on account of some issue and after closing the door has left the house with his blood smeared hands. He along with Ramvir, Surendra Prasad, Sripal and Omkar and other villagers have seen the accused. He was chased to Shivnager but could not be apprehended. On the basis of this report case at crime no. 282/98 was registered, investigation whereof was taken up by S.O. Padam Singh himself. He interrogated the complainant and witnesses Ramvir, Surendra Prasad, Sripal and Omkar. On 09.02.1998 he inspected the spot prepared site plan and recovered piece of brick, blood stained knife (Chhuri), simple and plain earth from the spot in the presence of witnesses through memo Ex. Ka-8. The inquest on the dead bodies of all the three deceased were prepared on 09.12.1998 from 8.00 a.m. onwards and along with usual papers they were sent for post mortem examination. Dr. S. C. Sinha conducted autopsy upon the corpses of the deceased on 09.12.1998 and has noted in his autopsy note as under:

(3.) Accused Ram Autar was arrested on 13.12.1998 and at his instance Investigating Officer recovered his blood stained short and vest in presence of witnesses Ram Sewak and Kalyan through memo Ex. Ka-29. Thereafter through statement of witnesses Peshkar and Ram Kumar the complicity of accused Smt. Kamla was revealed and she was arrested on 21.12.1998. The case property was sent for examination in Forensic Science Laboratory and after conclusion of the investigation charge sheet was submitted against accused-appellants and his mother Smt. Kamla.