SUNDAN Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. Sundan, Pratap and Dhapa alias Dhup Singh were tried before the V Additional Sessions Judge, Agra in S. T. No. 381 of 1980 and came to be convicted for the offences, punishable under Section 302 I. P. C. read with Section 149 I. P. C. and 147 I. P. C. Life imprisonment has been awarded for the former offence and two years rigorous imprisonment to each of them for the latter. The sentences have been directed to run concurrently. During the pendency of appeal, appellant Sundan died and the appeal respecting him abated under order dated 10-12-2003. The Court is presently concerned with the accused-appellants Pratap and Dhapa alias Dhup Singh.

(2.) THE incident occurred on 14-2-1980 at about 2. 00-2. 30 O' clock in the night in Mohalla Neem Darwajai Police Station Kotwali, District Agra, Jaite Ram and his wife Govindi were murdered in the incident at their own house. THE report was lodged on the same night at 4. 00 a. m. by Mitthan P. W. 11. THE deceased Jaite Ram was maternal uncle in-law of his brother. THE two deceased were in age group of 70-75 years and were living in their house No. 22/21 situated in Mohalla Neem Darwaja, Agra City. Mitthan was working as a labourer at Agra and used to live with the deceased for last about 13-14 years, though he was himself resident of village Unchagaon, Police Station Shamshabad, District Agra. THE deceased Jaite Ram had remarried with one Angoori, Sundan (deceased accused-appellant) was the son of Angoori. He had come with Angoori and was brought up by the deceased Jaite Ram as his son. About a year before the incident, Jaite Ram had even performed the marriage of Sundan, Sundan was living in another house belonging to the deceased Jaite Ram which was adjacent to the house of the deceased in which he was living with his wife at the time of incident. Sundan frequently used to quarrel with Jaite Ram who was a well to do person. In between the fateful night, Jaite Ram was sleeping in his house. Mitthan was also sleeping there. THEre were two rooms in the house of Jaite Ram. Mitthan and Jaite Ram were sleeping in the outer room and the deceased Govindi was sleeping in the inner room. At about 2. 00 -2. 30 O'clock in the night, Govindi got up to urinate and went out of the room for the purpose. She came back. A Dibiya (earthen or tinned small lamp of kerosene) was glowing in the room of Jaite Ram. After returning in the room of Jaite Ram, Govindi fell down on the cot of Mitthan PW 11. Mitthan got up and saw that there were 3-4 bandits or miscreants inside the room. Two of them had torches which they flashed. Sundan, Dhapa alias Dhup Singh and Pratap were identified by him in the room. THEse three roped Mitthan with his cot. Jaite Ram and Govindi were then murdered by them. It was also slated in the F. I. R. that Sundan, Pratap and Dhapa alias Dhup Singh held out at the time of the incident that the deceased were not prepared to part away with their property and were unnecessarily harassing them (accused ). As related in the F. I. R. , these accused appellants were responsible for committing murder of two deceased by strangulating them. THEre were said to be three other unknown participants of this crime.

(3.) JAITE Ram was aged about 75 years and he died 1-1/2 days back. The following ante-mortem injuries were found on his person: (1) Multiple abrasions 3"x 1" on right side neck. (2) Abrasions 1" x 1" on left side neck. (3) Fracture sternum in multiple pieces. (4) Fracture ribs 2-9 on right side. (5) Fracture ribs 2-9 on left side chest. Internal examination revealed the following: Fracture sternum and fracture both side ribs as noted above; left and right side pleura lacerated 2" x 2" mid-part; larynx was congested; left lung was lacerated at several places; pericardium contained blood left atrium of heart was lacerated and left side pleura cavity contained half ounce of blood. The cause of death was shock and haemorrhage as a result of above injuries.