RAM BRIKSH Vs. STATE OF U P

JUDGEMENT

(1.) G. D. Dube, J. This appeal has been preferred against the judgment and order of third Additional District and Sessions Judge, Gorakhpur, convict ing and sentencing the appellants under Sections 302, 364 and 201 all read with Section 34, I. P. C. Each of them have been sentenced to imprisonment for life under Section 302, five years' R. I. under Section 364 and three years' R. I. under Section 201, I. P. C.

(2.) THE case of the prosecution was that Ram Briksh had taken a loan of Rs. 200 from Gauri (deceased) who was resident of village Lalpur Tikar, Police Station Khorahar, district Gorakhpur. A day before the occurrence, a quarrel bad taken place between Ram Briksh and Gauri about repayment 01 loan. Vibhuti had intervened it about sunset on 11th March, 1977 Ram Briksh and Ram Nagina appellants came to the house of Gauri. At that time, Gauri, after taking his meal, was going for fishing. THE two appellants asked Gauri to accompany him to his house and take the money. At about 9. 00 p. m. in the night, Moti came to the house of Gauri and informed the family members that Gauri had not reached the river for fishing. THEreafter, Moti, Chandra Bahan, Mukwal and Hari Pal stated for searching Gauri, when they reached near the field of Moorat, then Moorat told him that he had seen the appellants taking Gauri to the house of Ram Briksh for payment of loan. THE search party went to the house of the two appellants, but they were not found there. THEy also went to the house of Chandra Bali Pandey where Ram Briksh used to work as a servant, but he was not found there. Next morning, they four some fresh earth one in a field towards south of the house of Ram Briksh. THEy also found some burnt clothes at a little distance, the place was dug and the dead-body was found. Hari Pal went lo police station and dictated the first information report at 10. 05 a. m. on 12-3-1977 to Ram Dhiraj, Head Moharrir, who registered a case in the general diary.

(3.) THE prosecution had examined eight witnesses. Smt. Lawangi (P. W. 1) is the mother of the deceased. She had stated that, in her presence, the two accused had taken her son to the house of Ram Briksh for giving money. She had also stated about the motive that eight to ten days back Rs. 200 were handed over to Ram Briksh by Gauri, Chandra Bhan (P. W. 2) has stated about the search made by him and other witnesses about Gauri. He had also stated that next day in his presence the dead dody was dug out from a trench which had recently been dug. Murali, (P. W. 3) has stated that in the alleged night of occurreance he had seen the two appellants in an Arhar field. THEre was some light. When they were asked by this witness as to what they were doing there, they informed that they had come to see their sugar-cane field. Vibhuti (P. W. 4) is about the previous incident when a few days before the occurreance Gauri and Ram Briksh had come to exchange of words. Ram Moorat (P. W. 5) has stated that he had seen the appellants going along with the deceased at about sun-set. P. W. 6 is Medical Officer who has proved the post-mortem report prepared by Dr. M. N. Gope. THE role of P. Ws. 7 and 8 has already been stated above.