SATYA NARAIN Vs. STATE

JUDGEMENT

(1.) Satya Narain, son of Shukru Pasi, resident of village Kantipur, Police Station Manjharpur. District Allahabad, has been convicted under S.302 IPC and sentenced to life imprisonment by Sri J.S. Misra, 2nd Additional District and Sessions Judge Fatehpur by his judgment and order dated 30-8-1978. Co-accused Dhanraj was also prosecuted along with Satya Narain but he was acquitted by the trial Court. This appeal has been filed by the appellant against his aforesaid conviction and sentence recorded by the trial Court.

(2.) The prosecution case is that Chhedilal, complainant was married to Smt. Ram Kali, daughter of Ram Prakash who was the elder brother of appellant Satya Narain. Smt. Ramkali died of Cholera in the morning of 24-10-76 at about 10 a.m. in village Bhaidpur, D.S. Khakreru, Distt, Falehpur. The complainant sent a message to his father-in-law Ram Prakash in village Kanlipur regarding the death of his wife. The complainant awaited the arrival of Ram Prakash and his family members up to 3 p.m. but when none turned up from village Kantipur, the complainant and his father Maiku along with Pyare, Lallu, Ramhir, Kallu, Suresh, Kurkur alias Choa, Daswan. Dinai, Surajdin and Gokul carried the dead body of Smt. Ram Kali from village Bhaidpur to Jamuna Ghat, Tulsipur for the last rites in the Jumuna river. The dead body of Smt. Ramkali was immersed in Jamuna Gnat at about 4 p.m. and the complainant along with his companions returned from Jamuna Ghat for his village Bhaidpur and when they arrived at the crossing of villages Makhua and Gokalpur near the fild of Matadin Kewal at about sunset, the appellant Satya Narain armed with a gun and a belt of cartridges accompanied by one unknown person Dhanraj came from the northern side and stopped Maiku deceased and asked him as to where he had thrown the dead body of his niece Ramkali. Maiku replied that he had immersed the dead body in Jamuna ghat Tulsipur after performing last rites and they were returning from there. Thereupon, it is alleged, the appellant Satya Narain abused Maiku deceased by saying why Smt. Ramkali was immersed in the river without waiting for him when they had sent information to him and he further said that he would now throw their bodies in the Jamuna. The appellant Satya Narain then, opened fire at Maiku deceased which hit on his face, neck and leg from a distance of 12 or 13 steps. Maiku tried to escape towards south but the appellant in the meantime fired a second shot at him hitting at his thigh and buttock and Maiku fell down dead in the field of Matadin. Pyare and Lallu who were with Maiku at the time of firing, objected and asked the appellant Satya Narain as to why he had shot at Maiku. Thereupon, appellant fired the third shot at Pyare from the same distance of 12 or 13 paces which hit the deceased Pyare. On receiving the injury Pyare also fell down in the field of Matadin and succumbed to his injuries. Lallu tried to escape towards Gopalpur but he was chased and fired upon by appellant Satya Narain from a very close range and Lallu also fell down on receiving the injury at distance of about 50 to 60 paces from the field of Matadin and he died there. It is also alleged that when the appellant Satya Narain was firing from his gun, he had entrusted the belt of cartridges to his unknown companion (accused Dhanraj) and Dhanraj had supplied cartridges to the appellant for loading the gun. Consequent to the firing, the companions of the three deceased had dispersed here and there and concealed themselves in the eastern field of Jwar. It is also alleged that the appellant after committing the triple murder of Maiku, Pyare and Lallu warned the complainant and his companions not to approach police, otherwise they would also meet the same fate. It is further said that on hearing the sound of firing, persons of village Tulsipur had shouted that they were coming there. Appellant Saiya Narain after threatening the witnesses had made good his escape along with his companion Dhanraj towards the side of Gopalpur.

(3.) After the occurrence, the complainant Chhedilal went to his village Bhaidpur in the late hours of the night and there he prepared the written report Ex. Ka 1 and went to police outpost Dhata, Police Station, Khakreru and handed over his report at 7-30 a.m. next morning to the head constable. The head constable on the basis of the aforesaid report Ex. Ka 1, prepared Chik. report Ex. Ka 6 and registered a case under section 302 IPC in the General Diary of the Police outpost, copy of which is Ex. Ka 7. Later on, papers were sent from outpost Dhata to police station Khakreru the same day an entry in the General Diary was made therein. Copy of the same is Ex. Ka. 5. Jagannath Tiwari PW 6, Station Officer of police station Khakreru took up the investigation of the case and started for the place of occurrence and reached there at about noon and there he found the three dead bodies of Maiku, Pyare and Lallu on the spot. He recorded the statement of Chhedilal PW 1 and conducted inquest on the dead bodies of Maiku, Pyare and Lallu. The inquest reports are Exts. Ka 8, Ka 11 and Ka 14 irrespectively. He sent the dead bodies of the three deceased in a sealed cover to the mortuary for post mortem examination through constables Kanhaiya Singh and Rajaram. He also found blood there and collected the blood stained and unstained earth and kept the same in separate Dibbas. He also prepared the recovery memos. He found two empty cartridges at the place of occurrence and prepared recovery memos Ex Ka 24. The empty cartridges are " marked material Exts.22 and 23.