SIPAHI LAL Vs. STATE OF U P

JUDGEMENT

(1.) The accused appellant Sipahi Lal has preferred this appeal against the judgment and order dated. 1st August, 1982 passed by Sri L.S.P. Singh Sessions Judge (NMA) Kanpur convicting him under Section 302 Indian Penal Code, and sentencing him to death.

(2.) The facts which have given rise to this appeal are briefly put as below: The accused appellant Sipahi Lal aged about 4 years is a resident of village Saraiyahhur, Police Station Bilhaur district Kanpur. Rajendra Prasad deceased aged about 26 years, was his eldest son. Rakesh Kumar (P. W. 1) is the second son of the appellant and Awadhesh (not produced) is the youngest son Smt. Prema Devi (P.W 2) is the widow of Rajendra Prasad deceased. Smt. Gomit (P. W. 3) is the wife of the accused-appellant. Smt. Sushila Devi aged about 18 years (P.W. 8) is the wife of Rakesh (P.W. 2).

(3.) The accused used to harass his wife Smt. Gomit and so she left for her parents home in village Ram Gopalpur nearly 12 or 13 years ago alongwith his eldest son Rajendra Prasad deceased and began to live there. Rakesh Kumar (P.W. 1) and his younger brother Awadhesh alongwith their sister Vidyawati continued to live with their father in the village Saraiyabhur. Rakesh Kumar (P.W. I) was married to Smt. Sushila Devi in the year 1980 (nearly three years before his deposition in the trial court was recorded). Unfortunately the accused had an evil eye on Smt. Sushila Devi (P.W. 8) and began to make sexual advance towards her and went to the extent of committing rape on her person in spite of the protest of Rakesh Kumar (P. W. 1). He used to threaten to kill Rakesh Kumar with a Gandasa Rakesh Kumar therefore, went to his elder brother in village Gopalpur and after narrating the entire matter brought him and his mother to village Saraiyabhur. Rajendra Prasad, his mother as well as his sister asked the accused to refrain from indulging in such disgraceful activities but with no result. Consequently they separated their father and asked him to live away from the house. Aggrieved thereby, the accused gave a beating to the deceased Rajendra Prasad. The accused began to live in a hut in the village alongwith Smt. Gomit his wife (P.W. 2) but after some time he turned her out of the hut and began to live there all alone. The accused continued to make attempts to enter the he use and make advances to Smt. Sushila Devi. This caused quarrel and marpit between Rajendra Prasad deceased and the accused on two or three occasions. Rakesh Kumar (P.W. 1) lodged the first information report on 25th October, 1980 regarding all these matters. Rajendra Prasad deceased alongwith his wife Smt. Prema Devi was sleeping on the roof of his house in village Saraiyabhure on the night between 19/20th of February, 1982. Smt. Sushila was away in village Gopalpur. Rakesh Kumar (P.W. 1) was sleeping in the verandah of-the house in the ground floor. Smt. Gomti was sleeping inside the room alongwith Awadhesh. Rajendra Prasad deceased woke up at 3 Oclock in the night for making water. His wife Smt. Prema Devi (P.W. 2) also woke up. The accused Sipahi Lal caught the hands of Rajendra Prasad deceased just when be came out of the verandah for making water and began to deal knife blows on his person. The accused possessed a big knife. Rajendra Prasad and his wife Smt. Prema Devi, both cried whereupon Rakesh Kumar (P.W. 1) woke up. He came out in the Angan of the house and flashed his tore to find his father scaling down in the angan armed, with a big knife. He made queries, whereupon the accused threatened to kill him and made good his escape by jumping down through the wall. Rekesh Kumar (P.W. 1) and Smt. Gomti (P.W. 3) went on the roof and found Rajendra Prasad lying dead there. Smt. Prema Devi (P.W. 2) told them that their father the accused had killed him with a big knife. Rekesh Kumar lodged first information report of this occurrence at 7-30 A.M. on 20th February, 1982. Shri Mahendra Singh Sub Inspector (P.W. 9) investigated the case and after completing the investigation he submitted charge sheet on 9th March, 1982.