RAMESH ALIAS KUNHA SHUKLA Vs. STATE

JUDGEMENT

(1.) Present appeal has been preferred against the judgement and order dated 11.2.2011 rendered by Additional Sessions Judge Hardoi whereby the appellants namely Ramesh alias Kunha, Saroj and Satish alias Budunna have been convicted for offences under section 302 read with section 149 IPC and each of them has been sentenced to suffer capital punishment. The appellants have further been convicted for offence under section 147 IPC and each of them has been sentenced to undergo one year's RI. Again the appellants has been convicted for offence under section 148 IPC and each of them has been sentenced to undergo RI for two years. The appellants have further been convicted for offences under section 307 read with section 149 IPC and each of them has been sentenced to suffer RI for 10 years with default stipulation to pay a fine of Rs 10,000/- each and for default to undergo RI for 10 months each. All the sentences have been ordered to run concurrently.

(2.) It is a case in which five persons of a family were brutally murdered in village Tandkhera Majra Bharawan PS Atraulil district Hardoi. The FIR in the case was lodged on 31.5.2009 at 7.30 am by Gopal Shukla, informant, which was registered at case crime no 358 of 2009 under section 307 and 302 IPC against unknown persons. Adumbrated in brief, the prosecution as unfolded in the written report scribed by Gopal Shukla, is that on 30.5.2009, after partaking of meal, his brother Pappu Shukla, his brother's wife, Ganga Devi and nephew Mota retired to their room situated in the eastern side of the house. In the adjoining room, his nephews Chhota, and Shivam were asleep on a cot. Both the rooms, it is stated, had no doors. It is also alleged that his another nephew namely Hari om was asleep on a cot in Verandah. His father, it is also alleged was asleep in yet another adjoining Verandah all alone. The informant himself, it is alleged, was asleep under the thatch on a wooden plank. It is further alleged that when he woke up in the morning at 7 am, he immediately went to ease himself and on return, he knocked at the door but it elicited no response. When repeated knocks did not elicit any response, he climbed up the roof of the house of his uncle wherefrom he saw the mutilated body of his brother Pappu Shukla lying on the cot. Thereafter, he managed to enter the court yard and saw his brother Pappu, Bhabhi Ganga Devi and nephew Mota lying dead on their respective cots and it appeared that someone had assaulted them with sharp edged weapon. He then went to another room where his nephews Shivam and Chhota were found lying supine and they also appeared to have been assaulted with sharp edged weapon. Shivam was found badly wounded. Thereafter, he went to verandah where his nephew Hariom was found lying dead and it also appeared that he had been assaulted with sharp edged weapon. Thereafter, he immediately rushed outside and screamed for help which attracted the village people who looked terrified.

(3.) After the registration of the case, the investigating officer immediately rushed to the scene of occurrence on 31.5.2009 and prepared the site-plan Ex ka 67. It is alleged that since five persons of a family had been murdered, police of various police stations converged to the scene of occurrence. It is alleged that inquests on the dead bodies were prepared by the police of different police stations.