MADHO RAM SHAKYA Vs. STATE OF UTTARPRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 10-11-81 passed by the Bird. Additional Sessions Judge, Farrukhabad convicting the appellant Madho Ram Shakya of an offence under section 302 Indian Penal Code and sentencing him to undergo imprisonment for life.

(2.) The prosecution case in brief was that the appellant and his elder brother Girvar Lal were living in separate portions of the same house in village Mubarakpur. The Barotha which was exit for both the portions was, however, joint. The appellant was insisting on partition of the Barotha but the partition could not take place. On 13-3-81 in the morning the appellant became enraged and began to demolish the Barotha with a spade. His son Om Prakash (PW-2) stopped him from doing so. At this the appellant rushed towards Om Prakash who ran away on account of fear. Smt. Ram Kunwari wife of the appellant and mother of Om Prakash, was present in the house of Hotey Ram which was nearby and came out to see if the appellant was assaulting her son. She proceeded towards her house. The appellant ran towards her in anger holding the spade and she ran back towards the house of Hotey Ram. The appellant felled the woman near the door of the house of Ram Datt and gave Phawara blows to her from its blunt side. This occurrence took place at about 8.30 a.m. and was seen by Jwala Prasad, Niranjan Lal and Prahlad besides Om Prakash. These persons challenged the appellant and he ran away to the north of the village carrying the spade. Ram Kunwari sustained a bleeding wound at the back of her head and died some time later.

(3.) Om Prakash got a report of the occurrence written by Anokhey Lal (PW -5) and sent it to the police station Shamsabad which was two miles away through Komil, village Chaukidar. The report was lodged at the Police station the same day at 11.30 a m. and a case was registered. The postmortem examination on the dead body of Ram Kunwari was performed by Dr. K. K. Agrawal (PW-l) at Fatehgarh on 14-3-81 at 11.30 a.m. The police investigated the case and submitted charge-sheet against the appellant.