BABU LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The three appellants were found guilty of offence under S. 302/34, IPC in Sessions Trials No. 120 of 1977 and 337 of 1977 by the IVth Additional Sessions Judge Aligarh and each was sentenced to imprisonment for life under Ss. 302/34, IPC. There was another co-accused, Raja Ram, who had faced a separate trial subsequently for the same charge and vas also convicted to sentence equally. This Raja Ram has moved a separate appeal before this court and the said appeal stood abated on the death of Raja Ram, after filing of the appeal.

(2.) According to the prosecution story, these three present appellants and Raja Ram had committed murder of one Onkari, who was husband of appellant Vimla, on the night between 15th and 16/12/1976. The death, according to medical evidence, was caused by asphyxia due to strangulation. The appellants denied the allegations and alleged false implication against them. In the appeal all the three appellants are reported to be on bail.

(3.) Admittedly, the case is one based on circumstantial evidence alone. The first Information report by the village Chowkidar at the Police Station simply narrated that Onkari was found dead in the night and the reason for death was not known "(Na Jaane Kaise Apne Ghar Mein Raat Ko Mar Gaya Hai)". Upon this report, a Police Officer came to the village and recorded statements of witnesses. Only during such examinations it was revealed that on the fateful night one Than Singh, uncle of the deceased, heard groanings of the deceased Onkari from his house. Onkari had been living with his wife Vimla whom he had brought on "payment of price". On hearing the groaning sound Than Singh called Onkari aloud, as to what had happened. On hearing this call of Than Singh some other villagers also assembled near the house of Onkari. They found the present two appellants, Virma and Babu, and the deceased accused Raja Ram coining out of the house of Onkari. They also saw Vimla coming up to the door. On asking Vimla replied that Onkari was ill and had vomited. These villagers entered the room, did not see any sign of vomitting nor any sign of cleaning the same. They also saw Onkari dead. There were marks of scratches on his body. His set of false teeth was found lying nearby. Vimla did not say anything as to how Onkari had died and as to who had killed him. The police seized a lathi and a piece of rope from the room. The dead body was sent for post mortem examination and two women accused Virma and Vimla were arrested. It is stated that Babu and Raja Ram had absconded. They were apprehended subsequently.