SITA RAM Vs. STATE

JUDGEMENT

(1.) The above mentioned four Criminal Appeals are directed against the judgment and order dated 18-1-1979 passed by the VII Additional Sessions Judge, Hardoi convicting the appellants under Section 302/34 I.P.C. and sentencing each of them to imprisonment for life.

(2.) The brief facts of the prosecution case are that accused Sita Ram is the father-in-law of the deceased Bahadur and it is said that the daughter of Sita Ram was married to Bahadur deceased but due to some differences between the husband and wife accused Sita Ram was annoyed with the deceased Bahadur. It is said that just before the incident deceased Bahadur beat his wife and, therefore, she was taken away by accused Bechey at the house of Sita Ram. Sita Ram is the elder brother of deceased Bahadur and sister of Mewa Ram (P.W. 1) is married to Siya Ram. It is said that Mewa Ram (P.W. 1) by chance came to the house of deceased Bahadur and, therefore, he was deputed alongwith Daya Shanker the cousin brother of Bahadur deceased to bring the wife of deceased Bahadur back to her house. It is said that Mewa Ram (P.W. 1) and Daya Shanker went to the house of accused Sita Ram and made a request for sending the wife of Bahadur with them. Sita Ram instead of sending her back, snatched their bicycle and returned them back to their village. Mewa Ram and Daya Shanker returned to the village of Bahadur and narrated the incident to the mother of the deceased. It is said that the mother of the deceased informed Mewa Ram that deceased Bahadur had also gone to the house of Sita Ram in the morning. It is said that at about 9-00 a.m. P.W. 2 Prem Chandra met deceased Bahadur at Baghrai Bus Stand and deceased Bahadur made an enquiry about Mewa Ram and Daya Shanker P.W. 2 Prem Chandra informed Bahadur that both these persons had gone on a bicycle and thereafter the deceased went towards village Chitepur and P.W. 2 Prem Chandra went to the door of Kallu Barhai in village Baghrai and stayed there. It is said that after an hour P.W. 2 Prem Chandra saw that the deceased was being chased by the accused persons and on an enquiry Sita Ram told him that the deceased had beaten his daughter and turned her out and, therefore, he would kill him. However, on the intervention of the witnesses the accused persons returned back to their village and the deceased sat down there. It is said that after sometime the deceased insisted that he would go to the village of Sita Ram and would recover the bicycle of his brother-in-law. It is said that the deceased thereafter has gone towards village Chitepur and at village Chitepur asked about the bicycle of his brother-in-law, Sita Ram told him that it would be given soon and thereafter the accused abusing him took him towards South-West of village Chitepur, It is said that after 2 or 11/2 hours the accused persons returned back to their village but the deceased did not turn up. However, the witnesses after sometime came to know that the body of deceased Bahadur was hanging over a mango tree situated towards village Baghrai. On the other hand, Sita Ram alleged that he was returning from village Adampur market and there in the way he was informed that the body of his son-in-law Bahadur was hanging on a mango tree and, therefore, he reached the place of incident and found that the body of his son-in-law Bahadur was hanging on a mango tree with his Dhoti in the neck. Sita Ram accused thereafter lodged an information on the same day at about 8-35 p.m. On receipt of the said information S.I. Mathura Singh was deputed to prepare an inquest report etc. who reached the place of the incident in the night itself. However, on the next day he prepared an inquest report as well as other papers for post-mortem examination.

(3.) The post-mortem examination on the dead body of Bahadur was conducted by Dr. A.M. Singh on 27-6-1977 at about 11-00 a.m. The Doctor found the following ante mortem injuries on the dead body of deceased Bahadur.