DAMBER Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Damber Son of Hoti Lal and his wife Smt. Jaiwanti have filed this appeal against judgment and order dated 28-8-1970 of Sri. Prem Singh, VI Additional Sessions Judge, Etah, passed in Sessions Trial No. 656 of 1978. The learned Sessions Judge has convicted and sentenced appellant Damber under Section 302 I.P.C. to Imprisonment for Life and under Section 404 read with Section 34 I.P.C. to One year's R.I. Appellant Smt. Jaiwanti has been convicted and sentenced under Section 302 read with Section 34 I.P.C. to Imprisonment for Life and under Section 404 I.P.C. to one year's R.I. Sentences of the appellants have been ordered to run concurrently. By the same judgment the learned Sessions Judge has acquitted Bhoop Singh who happens to be brother of appellant Damber.

(2.) The prosecution case is that deceased Hoti Lal was married to Smt. Ram Devi. Appellant Damber and Bhoop Singh, since acquitted, are sons of Hoti Lal from Smt. Ram Devi. He then married Smt. Jaiwanti (deceased) but as luck would have it Smt. Jaiwanti gave birth only to four daughters and no son. Her daughters are Maya, Sheela, Guddo and Omshri, of these Maya and Sheela had been married and at the time of the incident they were residing with their husbands. At the time of the incident Guddo was about 6 years of age and Omshri was nine years old. The prosecution case is that deceased Hoti Lal owned about 25 to 26 Bighas of land and he had given half of his land to his sons Damber and Bhoop Singh accused in the present case for cultivation. Further case of the prosecution is that Damber had some dispute with Hoti Lal and hence Hoti Lal took back land from Damber and Bhoop Singh and started cultivating the same. It is alleged by the prosecution that Hoti Lal and Damber had taken a loan of Rs. 15,000.00 from Canara Bank but they failed to repay the loan and there was some dispute between them. Since the loan had not been repayed. Collection Amin came to their village, Adhapura, for recovery of the said loan from Hoti Lal and Damber. Damber Slipped away and Hoti Lal sought time from the Amin up to Rakshabandhan to make the payment. In the evening when Damber returned there was some dispute between him and Hoti Lal. The prosecution also alleges that there was also quarrel ('JHAGRA') between appellant Smt. Jaimanti and her step mother-in-law, Smt. Jaiwanti (deceased).

(3.) According to the prosecution case, the incident took place in the night intervening 6/7-8-1978 at about 12 O'Clock and F.I.R. is said to have been lodged by P.W. 1 Beni Ram at P. S. Mahehara, district Etah on 7-8-1978 at 10.30 A.M. at a distance of 7 Miles from the spot. The prosecution case, disclosed from the F.I.R., is that on the fateful night Beniram heard weeping like sound coming from the house of Hoti Lal at about 12 O'Clock in the night. On hearing the said sound he and Chunni Lal and others rushed to the house of deceased Hoti Lal. They saw appellants Damber and his wife Smt. Jaiwanti coming out of the house of Hoti Lal he found lying dead with their throats cut. It is further stated in the F.I.R. that daughters of the deceased informed that Damber had cut the deceased with 'Gandasa' while Damber's wife was catching hold.