PHOOL DEI Vs. STATE OF U P

JUDGEMENT

(1.) THE judgment challenged in this appeal is one dated 31 -3 -1979 passed by Sri S.D. Singh, the then Session Judge, Mirzapur in the S.T. No. 81 of 1977. The Three persons, namely, Smt. Phool Dei, Kashi Nath (appellants) and Ram Kishan were tried in the said trial. Ram Kishan (husband of appellant No. 1 and father of appellant No. 2) was acquitted but the present two appellants who are mother and son were convicted under Section 302, IPC read with Section 34, IPC for double murder and sentenced to life imprisonment. They were also convicted under Section 201, IPC read with Section 34, IPC and sentenced to seven years rigorous imprisonment, both the sentence to run concurrently.

(2.) KM . Pushpa alias Palo aged about six years and her cousin Uma Shanker aged about three years were the victims of this felony which was committed some time on 20 -11 -1976 in village Bharuhana, Police Station Kotwali Dehat, District Mirzapur. Suryamani was the daughter of Jai Narain alias Sant Ram, resident of the said village, Jai Narain had only three daughters but no son. He had two brothers but they were also issueless. Kashi Nath appellant is collateral of Jai Narain related to him as nephew. Jai Narain owned 30 bighas of agricultural land while the appellants had only 2.5 bighas of field. It was alleged that the accused were interested in grabbing the land belonging to Jai Narain and wanted to create a situation in which his daughters might be deterred from visiting their father. They used to quarrel with Jai Narain and damaged his crops and harvests. On the date of alleged incident also there was allegedly a quarrel between them over irrigation of fields and in the course of same Kashi Nath appellant had threatened Jai Narain to settle the score.

(3.) ON the fateful day, after breakfast Uma Shanker and Pushpa went out of the house to play. Uma Shanker was then putting on a sando baniyan and Pushpa was putting on a frock and underwear. Their maternal grand -mother Smt. Mangari PW 3 had carried breakfast for her husband Jai Narain to the field where he was working. The house of the appellants was close to that of Jai Narain. At about 10.00 O'clock Pyare Lal PW 5 who manufactures baskets and toys and sells them by hawking in the village saw the two children playing at the door of appellant Phool Dei and Phool Dei giving Gur to them. Ram Chandra PW 1 while passing that way also saw it. It was also seen that Kashi Nath appellant had Uma Shanker in his lap and was holding a finger of Pushpa taking them inside his house. Phool Dei and Ram Kishan followed him. At about 11.00 a.m. when Mangari, maternal grand -mother of the children, returned from the field after delivering breakfast to her husband, the appellant Phool Dei met her on the way and told her that Pushpa had taken Uma Shanker to the pond for washing Saunch and both the children were drowning when she saved them and took them to her (Magari's) house. On reaching her house, Mangari inquired from her brother -in -law and also from her daughter Suryamani as to whether the appellant Phool Dei had brought the children there. They declined, Mangari accompanied by her daughter Suryamani and other relations then searched for the children here and there. She also approached Phool Dei who again insisted that she had brought the children from the pond and had left them at her house. Having failed to find any trace of the children, Mangari informed her husband Jai Narain and he, accompanied by various other residents of the village, searched for the children and also looked into the wells and ponds. Since no trace of the children was found any where, he proceeded to Kotwali Dehat and lodged a written report about the disappearance of the children the same day at 6.10 p.m. The distance was about three miles. While Jai Narain went away to police station, Kashi Nath appellant came and informed the inmates of his house that the two children were seen sitting in Mukeri Bazar of Robertsganj. On return from the Police Station, Jai Narain learned about it and accompanied by others left for Mukeri Bazar and looked for the children. They were, however, not to be found there. On return from Mukeri Bazar at about 10.00 O'clock in the night, Jai Narain and other inmates of his house were informed by Pyare Lal PW 5 and Ram Chandra PW 1 that they had seen the children playing at the door of Kashi Nath appellant and Phool Dei giving gur to them and further that Kashi Nath was keeping Uma Shanker in his lap and holding a finger of Pushpa and taking them inside his house with appellant Phool Dei and Ram Kishan following him. The accused by that time escaped after locking their house from outside. S.I. Gorakh Nath Singh PW 8 visited the village the following morning and found the dead body of Pushpa floating in the pond situate adjacent to the house of the accused. On further search, the dead body of Uma shanker was also found in the pond entangled in the bushes growing at its bank. The inquest reports of the two dead bodies were held and they were dispatched for post -mortem which was conducted by Dr. D.D. Tripathi PW 7 between 9 and 10 a.m. on 22 -11 -1976. Pushpa was aged about six years and two days had passed since she died. The following anti -mortem injuries were found on her person: