LAWS(ALL)-2013-7-20

RAM ASHISH GAUR Vs. STATE OF U.P.

Decided On July 08, 2013
Ram Ashish Gaur Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) We have heard Sri Viresh Mishra and Sri Amit Mishra for the appellants, and Sri Akhilesh Singh, learned Government Advocate, and Sri Anand Tiwari for the State of U.P., and perused the written submissions filed by the appellants and the State.

(2.) This Capital Appeal along with the connected Criminal Reference under section 366 Cr.P.C. arises from the judgement passed by the First Additional Sessions Judge, Chandauli dated 01.10.2012 awarding a sentence of death to the three appellants under section 302 read with 34 IPC.

(3.) The prosecution case as mentioned in the F.I.R. lodged on 18.06.2005 at 10 p.m. by P.W. 1 Onkar Nath Tiwari, P.W. 1, son of the deceased Raj Kumari Devi, aged 70 years was that Ram Ashish Gond had become mentally unstable and he used to roam about in the village. Chandradev Tiwari alias Tengari Tiwari, Parmanand Tiwari and Chandra Shekhar Tiwari had told his brother the appellant Ram Dheeraj Gond that if they made a sacrifice of some Brahmin, then his brother Ram Ashish would recover. P.W. 7 Geeta Devi, daughter-in-law of the deceased and P.W. 5 Chandrama Chauhan had over heard this conversation. On 18.06.2005 the appellants Ram Ashish, Ram Dheeraj, Chandra Dev Tiwari, alias Tengari Tiwari, Parmanand Tiwari and Chandra Shekhar Tiwari sent Mangari, the mother of Ram Ashish and Ram Dheeraj to call the deceased Raj Kumari Devi and they killed her in their house at 6.30 p.m. Vimla, P.W. 3 saw Mangri taking away Raj Kumari Devi with her. Raj Kumari Devi's corpse was found in the house of Ram Ashish. On the basis of the informant's report at P.S. Dheena, a case was registered by P.W. 11 Head Moharrir Kislay Mishra against the present three appellants Ram Ashish Gond, Ram Dheeraj Gond and Smt. Mangari Devi and the co-accused Chandradev Tiwari alias Tengari Tiwari, Parmanand Tiwari and Chandra Shekhar Tiwari.