STATE OF U P Vs. RAM CHARITTAR

JUDGEMENT

(1.) IN this crime, a young widow aged about 30 years and her two infants aged about 5 and 2 years were done to death in a most merciless manner by pouring acid for the greed of property. The accused respondents are the own kins of the deceased. Accused Ram Charittar and Kishori Lal are the brothers of the deceased husband of the widow. Ram Kumar accused respondent is the son of Kishori Lal and the fourth accused respondent Chandrawati is the wife of the first accused respondent Ram Charittar. All the accused respondents have been acquitted by the impugned judgment and order dated 12 -5 -1981, passed by Sri C. Mohan, the then Sessions Judge, Basti passed in Sessions Trial No. 134 of 1980.

(2.) THE incident took place in between the night of 28/29th March 1980 in village Gaayghat, Police Station Kalwari, District Basti at a distance of about 8 kms. from the Police Station. The F.I.R. was lodged on 29 -3 -1980 at 6.15 a.m. by one Bhagwati PW 2, neighbour of the accused and the deceased.

(3.) BHAGWATI PW 2 got a report of the incident (Ext. Ka -6) scribed by Baijnath PW 6. He took the same to Police Station Kalwari where it was lodged. A chick F.I.R. was prepared at the Police station by Head Constable Rama Kant Dubey PW 10 and a case was registered under Section 302/307 IPC with entry in GD. The investigation was taken up by Ram Nath PW 9, Station Officer of Police Station Kalwari who was present at the Police Station at the time of lodging of the F.I.R. He reached the place of occurrence at about 8.30 a.m., held inquest on the dead body of Sushila and that of her younger daughter Nandini. He prepared inquest reports and other necessary papers. Both the dead bodies were properly sealed separately and sent to the mortuary through Constables Raj Narain and Rajdeo. The Investigating Officer recorded the statements of the witnesses. He took in his custody the three accused Ram Charittar, Kishori Lal and Chandrawati apprehended by the prosecution witnesses at the spot. Inspecting the place of occurrence, he prepared the site -plan. He also examined the torch of the informant Bhagwati PW 2 and Dhibri (earthern lamp) glowing in the house of Sushila at the time of incident. Both these items were given in the custody of the informant through Ext. Ka -7. He also took in possession broken bottle, acid and scrapping of the floor where the acid was spread. The Investigating Officer also took in possession three Katharis, Dari, Chaddars, pieces of bangles and Dhoti of accused Kishori Lal. All these articles were burnt partly with acid. They were properly sealed separately and recovery memos Ext. Ka -8 to Ka -12 were prepared in respect thereof. The recovered articles were sent to the Chemical Examiner.