BIJENDRA Vs. STATE

JUDGEMENT

(1.) Bijendra and Ram Babu, who are real brothers inter se, have filed the present appeal against the judgment and order dated 18-5-1979 of the learned Sessions Judge, Mathura in S.T. No. 66 of 1979. The learned Sessions Judge has convicted appellant Bijendra Under Section 302 I.P.C. and appellant Ram Babu Under Section 302/34 I.P.C. and sentenced both of them to imprisonment for life. The learned Sessions Judge has acquitted co-accused Smt. Sheela and Km. Ramwati who are sister-in-law and younger sister respectively of the appellants. Informant Lajjo Ram has come up in a private revision against the order of acquittal of Smt. Sbeela and Km. Ramwati.

(2.) The prosecution case as disclosed from the First Information Report is that on 17-11-1978 informant Lajjo Ram P.W. 1 had gone to his fields. At about 4 p.m. he was informed by his son Data Ram that Smt. Sheela and Km. Ramwati (the two acquitted accused) came and took with them deceased Smt. Sheela daughter of the informant to their 'Gaut'. At about 4 p.m. the deceased raised alarm and thereupon Data Ram, Smt. Rupania, Patre, Pyarey and Atar Singh rushed to save Smt. Sheela. When they reached near the 'Gaut' they saw appellant Ram Babu holding the deceased with evil intentions and at that very moment appellant Bijendra fired two shots at the deceased who succumbed to her injuries then and there. On the information given by Dara Ram informant Lajjo Ram came back to the village and found the dead body of Smt. Sheela lying in the 'Gaut. The further case of the prosecution is that appellants had an evil eye on the deceased and the informant had, on several earlier occasions reprimanded them.

(3.) A written First Information Report (written by Tara Chandra Agarwal) was lodged by Lajjo Ram on 17-11-1978 at 5.30 p.m. at P.S. Magorrah, at a distance of 3 Km. from the spot. P.W. 7 Head Constable Ram Singh registered a case. Investigation was taken up by P.W. 8 Sub Inspector Bramh Singh who drew an inquest report and sent the body for post mortem examination.