GOVIND DAS @ GUDDA Vs. STATE OF U P

JUDGEMENT

(1.) THE two appellants, Govind Das @ Gudda A-1 and his son Jai Kishan A-2 have preferred these two connected appeals being aggrieved by the judgement and order dated 16.11.2002 passed by Additional Session's Judge, court no.2, Hamirpur in S.T. No.44 of 1997, State Vs. Govind @ Gudda and others, convicting both the appellants under Section 302/34 IPC for committing murder of two sibling brothers Loknath @ Lukkhi and Naval Kishore both sons of informant Mannu, P.W.1 and Shail Kumari, P.W.2. For the murder of Loknath @ Lukkhi, both the appellants have been sentenced to imprisonment for life with Rs. 20,000/- fine on each of them with further direction that in case the fine is realised, half of the amount out of it shall be paid as compensation to the daughter of Loknath @ Lukkhi deceased. For the murder of Naval Kishore appellant Govind Das @ Gudda A-1 has been sentenced to death whereas appellant Jai Kishan has been acquitted of the said charge. It is noted here that there was a third accused Sushila, daughter of the appellant Govind Das @ Gudda A-1, who was also tried along with the appellants but was acquitted by the impugned judgement and order of both the charges. Since Govind Das @ Gudda A-1, has been sentenced to death, learned trial Judge has sent Reference No.8 to this Court, vide his order dated 16.11.2002, for confirmation of his capital punishment.

(2.) ORE entering into the merits of the appeal, a brief resume of prosecution allegations, as was sketched in the written FIR, Ext. Ka-1, on the basis of which Chik FIR, Ext. Ka-5 was prepared and as was deposed in the trial by the two fact witnesses, informant Mannu P.W.1 and eyewitness Shail Kumari P.W.2, were that the informant is a resident of village Alra, P.S. Muskara, district Hamirpur along with his wife P.W.2 and younger son Naval Kishore (deceased no.2). Rest of his family abode in village Natarra, P.S. Charkhari, district Mahoba the village of informant's in-laws. For agricultural activities, informant, his wife and deceased Naval Kishore often used to visit village Alra and do the agriculture activities. Eight days prior to the present incident of double murder both the accused appellants had erected a terracotta boundary wall on the back side of informant's house in village Alra with the idea to grab his open land. Loknath @ Lukkhi first deceased and son of informant was married to one Pushpa Devi, who was in her family way and was to give birth to the child in near future and because she required nursing and precaution, Loknath @ Lukkhi, deceased no.1, had come to village Alra take her mother for caring his wife on 11.8.96. In the morning at 6 or 7 a.m. P.W.2 Shail Kumari informed Loknath @ Lukkhi, deceased no.1, regarding erection of the terracotta mud boundary by the appellants and because of that same day in the afternoon there was triadic verbal altercation in between the appellants and deceased no.1. Same day in the evening deceased no.1 was accompanying his mother to his resident village Natarra and when they reached Nahariya canal in Gahrauli hamlet in front of the field of Ram Gopal Lodhi and Ram Das, they were approached by the appellants, out of whom A-1 was armed with an axe and A-2 was armed with an spear. Spotting them and sensing danger deceased no.1 Loknath @ Lukkhi sprinted and crossed over Nahariya canal but was chased and surrounded in the field of Devki Nandan where both the appellants assaulted Loknath @ Lukkhi, to death by their respective weapons. P.W.2 witnessed the annihilation of his son and she returned back to his house where she narrated the murder to the informant Mannu P.W.1, who thereafter accompanied with P.W.2 and Naval Kishore, deceased no.2, proceeded for the spot of the murder. As soon as they reached near the pond outside the village, they came in contact with the appellants, who chased them for being annihilated and ultimately, Naval Kishore, an adolescent boy aged about 11 or 12 years, was also murdered by them and thereafter, accused murderers retreated from the incident scene. Informant left his wife P.W.2 near the corpse of his younger son Naval Kishore, deceased no.2, got his FIR, Ext. Ka-1 scribed in front of Badri's Shop in village Muskara and then measured a distance of 9 kilometres west to the police station Muskara and lodged his FIR at 11.30 p.m. the same day about the double murder, which was registered as Crime No.231 of 1996 under Section 302 IPC against the appellants.

(3.) TO complete chronology of factual matrix it is noted that autopsy on the cadaver of both the deceased, Loknath @ Lukkhi and Naval Kishore were performed by Dr. Mrigendra Rajput, PW4, on 12.8 96 at 4& 5.15 p.m. respectively vide their post mortem examination reports Ext.Ka-3 and Ka-4 and doctor has noted following facts in both the autopsy reports- Postmortem report of deceased Loknath @ Lukkhi