RATNA Vs. STATE

JUDGEMENT

(1.) Heard Shri Rajesh Kumar Singh, Amicus Curiae for the sole appellant, Ratna and Shri Pankaj Saxena, learned AGA for the State.

(2.) The appeal is directed against the judgment and order dtd. 11/4/1996 passed by the Xth Additional Sessions Judge, Aligarh in Sessions Trial No.860 of 1993 under Sec. 302, 394, 412 IPC, Police Station Banna Devi, District Aligarh, whereby the appellant has been convicted under Ss. 302, 394 IPC and sentenced to life imprisonment for the offence under Sec. 302 IPC and for the offence under Sec. 304 IPC, he has been sentenced to seven years rigorous imprisonment. Both the sentences to run concurrently.

(3.) The first information report lodged by one Pappi was that one Ram Babu and two other persons came to her house on 7/3/1993 at about 9 p.m. Ram Babu is also a rickshaw puller working with her husband and is also her distant nephew. On that date and time, her husband was not at home having gone to his maternal uncles place. On the asking of Rambabu, the first informant was cooked food for the three persons. After having this food, they lay down in the courtyard. At this time, the mother-in-law of the first informant was sleeping in a room adjacent to the court yard while the first informant alongwith her children went to sleep on the roof. At about 02.30 a.m., the first informant woke up on account of a slight drizzle, when she heard the sound of her mother-in-law and went to investigate. Her mother-in-law was lying on cot and was being held by the appellant and two others. On a hue and cry being raised by the informant, three persons escaped but were seen by some of the neighbours, who had arrived on the spot in the light from the electric pole. The first informant came back to the room and found her mother-in-law dead. She also discovered that the gold ornament and silver ornaments worn by her mother-in-law had been looted away by the accused, two unknown persons mentioned in the first information report were found to be Satto and Ratna. All three were convicted by the trial Court.