RAMA DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) These Criminal Appeals are directed against the impugned judgment and order dtd. 14/8/2013, passed by Additional Sessions Judge, Ist, Rampur in Sessions Trial No. 193 of 2010 (State Vs. Ram Kishore and another) arising out of Crime No. 172 of 2010, whereby accused-appellants Smt. Rama Devi and Ram Kishore have been convicted of offence Sec. 302 and have been sentenced to undergo life imprisonment alongwith fine of Rs.50,000.00 for commissioning of offence under Sec. 302 I.P,C.; in default thereof, they have to further undergo one year additional simple imprisonment, each. As both the appeals are directed against a common judgment and order and have been heard together, they are being decided by this common judgment.

(2.) As per the prosecution case a written report (Ext. Ka-1) was given on 9/2/2010 to the Police Station Tanda, District Rampur, by Pritam Singh (P.W.-1/first informant), who happens to be the brother of the deceased stating that one of his villagers Ram Kishore son of Sri Sohan Singh had enmity with his brother Dharmpal (since deceased) for some reason and they were not on talking terms. On 9/2/2010 when the informant, his brother Mahendra Singh (P.W.-6), Prem Singh (P.W.-3) and Jagan Singh (P.W.-2) were talking to each other at the intersection (Tiraha), while Dharmapal was coming from the shop, situated in the north, after buying some goods and as soon as he came in front of Ram Kishore's house, Ram Kishore called him inside his house and closed the door. After some time, at around 7.30 P.M., Dharmapal's scream was heard by them. On hearing the same, all the four persons including the informant rushed to Ram Kishore's door, but the door was locked from inside and Dharmpal was screaming inside. They broke the door and entered into the house of Ram Kishore. When they reached the northern room of the house, they saw that Dharmpal was writhing from pain. When the first informant asked him as to what has happened, in reply he told that Ram Kishore and his wife namely, Rama Devi stabbed him and that he would not survive any more and saying these words he died. On searching Ram Kishore and his wife, all the four persons including the first informant found that they had already escaped and the dead body of the deceased was lying on the spot.

(3.) On the basis of the above referred written report a first information report dtd. 9/2/2010 (Ex.Ka.14) was lodged as Case Crime No. 172 of 2010, under Sec. 302 against the accused-appellants.