RAMA SHANKER GUPTA Vs. DUKHNA

JUDGEMENT

(1.) KAMAL Kishore, J. Criminal Revision No. 76/99 as well as Criminal Appeal Nos. 156 and 157 of 1999 have been preferred against the judgment and order dated 11-1-1999 passed by Sri Shamshad Ali, the then III Additional District & Sessions Judge, Sultanpur, hence the criminal revision as well as criminal appeals are being decided by a common judgment.

(2.) THE case of the prosecution, in brief, is that the deceased Km. Manorama, aged about 6 years, is the cousin sister of the informant Umesh Pratap Gupta. Both the convict appellants Jai Shree Yadav and Dhani Ram belong to the same village. Accused Smt. Sukhraji is the wife of convict Dhani Ram, while accused Smt. Dukhana is their daughter. Accused Smt. Dukhana was issue less and was trying to have issue. She took the help of convict Jai Shree Yadav, who used to do OJHA (a worship for removing evil spirit ). It was the period of 'nav RATRA'. THE accused Smt. Dukhana came to the house of her father Dhani Ram where the convict Jai Shree Yadav was summoned, who used to do Tantran- Mantran so that Smt. Dhukhana may be get a child. THE victim Manorama went to see television as usual. She had not returned on the day of occurrence, hence the informant side had search for her. It was on the fourth day of her since she was missing. Khelayee (PW 7) told regarding the murder of Manorama on which the informant reached the place of occurrence and found that some one has committed her murder with motive to commit sacrifice (BALI ). THE FIR (Ext. Ka-1) regarding the occurrence was lodged by the informant Umesh Pratap with the police station Lambhua within District Sultanpur on the basis of which chick FIR (Ext. Ka-5) was prepared. THE case was investigated by Sri Ram Naresh Yadav (PW 13) S. O. of P. S. Lambhua, District Sultanpur, who has got the dead-body sealed and sent the same to mortuary for post- mortem and prepared the site-plan (Ext. Ka-11 ). Sri Ram Naresh Yadav (PW 13) SC has recorded the statement of the witnesses and has submitted the charge-sheet (Ext. Ka-13) after completing the investigation.

(3.) NONE of the witnesses, examined by the prosecution, is alleged to have seen the occurrence of murder and the prosecution has believed its case on circumstantial evidence mainly extra- judicial confession made by the convicts Dhani Ram and Jai Shree Yadav and recovery made under Section 27 Evidence Act on the instance of both convicts, coupled with the motive etc.