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 ST No. 66 of 1979. The learned Sessions Judge has convicted appellant BIJENDRA under section 302 IPC and appellant Ram Babu under- section 302/34 IPC 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. Sheela and Km. Ramwati.

(2.) THE prosecution case as disclosed from the first information report is that on 17-11-1978 informant Lajjo Ram PW 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 Data 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.) AFTER completing the investigation the Investigating Officer laid a carge sheet against all the four accused nominated in the First Information Report. In due course the case was committed to the court of Sessions,