RAM RATI Vs. STATE OF U P

JUDGEMENT

(1.) Since both these appeals have arisen out of one and the same judgment dated 30th of October 1981 in Sessions Trial No. 153 of 1977 State v. Veer Sam & others passed by I-Additional Sessions Judge Ghaziabad they have been heard together and are being disposed of by one and common judgment.

(2.) These appeals have been filed by accused Veer Sam, Ranjit and Ram Rati from the judgment and order dated 30th of October 1981 by I Additional Sessions Judge Ghaziabad in Sessions Trial No. 153 of 1977 State versus Veer Sam & others convicting accused Veer Sam and Ranjit under section 302 read with section 34 IPC and Ram Rati under section 120B read with section 302 IPC and sentencing each of them to imprisonment for life thereunder.

(3.) Brief facts giving rise to these appeals are that at about 12:40 noon on 23rd of May 1977 Smt Ram Rati lodged an FIR at police station Bahadur Garh District Ghaziabad that her husband Ram Das residing at village Jakhera had gone to village Saloni for hiring a bullock-cart for transporting bricks last evening on 22nd of May 77 at about 6:00 p.m. but did not return back home. Then in the morning she taking her daughter Sudha went to village Saloni and contacted Han Singh telling him that yesterday evening her husband had gone to him but did not return back home. Han Singh told her that Ram Das had contacted him last evening but returned back at that very time. Then Han Singh, Ram Pal and Veer Sam accompanied her and searching Ram Das as they reached near the brick kiln situate at the outskirts of village Bilehra they started hunting out for Ram Das and found his dead body lying there but she did not know as to who murdered her husband. The police registered a crime against unknown person under section 302 IPC and started the investigation. Station Officer Rameshwar Dayal Gaur who took up investigation of the case in his hands went to the place-where the dead body of Ram Das was lying and drew inquest proceedings thereon. He prepared the inquest report (Ext Ka 5) and other necessary papers (Exts Ka 12 to Ka 14) and handed over the dead body alongwith necessary papers to constables Irfan Ahmad and Lal Singh for being taken for its postmortem. He also inspected the site and prepared its site plan map (Ext Ka 6). He also collected blood stained and simple earth from the place of occurrence and prepared its memo (Ext Ka 7). However he recorded statements of the witnesses the next day. It appears that during the investigation the police learnt that accused Veer Sam had developed illicit intimacy with Ram Rati as after falling down her house she alongwith her husband Ram Das started residing in a portion of rented accommodation in occupation of Veer Sam who was doing medical practice at village Jakhera.