RATI RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Ms. Mridul Tripathi, Advocate assisted by Sri P.K. Tripathi, learned counsel for the appellants, Sri Ram Yash Pandey, learned AGA and perused the record. Challenge in this criminal appeal arising out of ST. No. 101 of 1995, State versus Rati Ram and another is to the judgment and order dated 28.9.2001 passed by the Sessions Judge, Kanpur Dehat convicting and sentencing the appellant Rati Ram under Section 302, IPC and in connected appeal by Niyamati Ali and another under Section 302 /34, IPC with life imprisonment.

(2.) THE case of the prosecution is that a written report was submitted by Km. Meera Devi daughter of Ram Lal Kori resident of Ward No. 3, Jhinjhak, P.S. Mangalpur to the effect that her sister Bimla was married to Rati Ram accused -appellant resident of village Lala Niwada, P.S. Rasoolabad, District Kanpur Dehat. She had no issue, hence her husband Rati Ram used to harass and torture her and also had nexus with criminals. Due to ill -treatment received at the hands of Rati Ram her sister Bimla had come back to her parents' house at Jhinjhak about two months prior to the incident and she was staying with her father. Accused Rati Ram asked Bimla's father Ram Lal to send her to his house but he refused to do so. This annoyed Rati Ram and he went back in anger. On 23.11.1994 at about 3.00 p.m. Ram Lal along with his daughter Meera Devi (complainant), Manjoo and his son Mahendra Kumar were returning home after working in their field. When they reached the field of Ram Prakash Sharma near village Gadhi, the accused -appellants Rati Ram, Niyamat Ali and Shiv Shankar armed with country made pistols came and surrounded Ram Lal. Then Rati Ram exhorted to finish Ram Lal as he was not sending Bimla with him. Ram Lal tried to run away but accused Rati Ram fired at Ram Lal with a country made pistol causing fire arm injury to him, who fell down. Accused -appellants Niyamat Ali and Shiv Shankar also fired from country made pistols but missed. On hearing the hue and cry of the complainant, her younger sister and brother, witnesses Tula Ram, Manni Lal, Suresh Chandra Pathak and other persons reached at the place of occurrence. They chased the assailants who made their escape good towards the north after crossing the canal and that the complainant Meera Devi after arranging a tractor had come to P.S. Mangalpur along with her injured father for lodging FIR at 6.30 p.m. the same day for legal action by the police in the matter.

(3.) DR . L.K. Tiwari, P.W. 6 conducted the post -mortem on the cadaver of deceased Ram Lal son of Sri Raghubar on 24.11.94 at about 10.45 a.m. and reported that the deceased was about 60 years of age who had died within a span of one day. The external examination of the body showed that the deceased was of thin built and eyes and mouth partially open. Rigor mortis was present in both the extremities. P.M. staining was present on back buttocks and thighs of the corpse. On internal examination it was found that small intestine was lacerated, in large intestine blood mixed semi -digested fluid was present with gases and faecal matter. Blood walls, pancreas, spleen, left kidney and liver were lacerated. Gall bladder was half full, right kidney and both lungs were pale, all chambers of the heart were empty. 1.5 litre of blood was found in abdominal cavity, stomach walls were lacerated and 4 Oz. blood mixed with semi -digested food present. The Doctor reported the following ante -mortem injuries on the corpse of the deceased.