RAM JIYAWAN Vs. STATE OF U P

JUDGEMENT

(1.) RAM Jiyawan (17 years old on the date of occurrence 2-5-1974) has preferred this appeal against the judgment and order of Sri E. P. Sinha, Additional Sessions Judge, Fatehpur, dated 30-6-1977, passed in S. No. A 302 of 1975 : State v. RAM Jiyawan, convicting and sentencing him under Section 302, IPC to imprisonment for life.

(2.) THE following pedigree, appearing from the prosecution evidence, would be relevant to appreciate certain aspects of this case.

(3.) THE prosecution case further is that on 2-4-1975 at about mid-day, Shitaliya, the sister of Ram Jiyawan appellant, had come up to the house of Rajendra Prasad (PW 1) and told Smt.Brij Rani (PW 5) that the appellant wanted to meet her and desired her to come to his house. Smt.Brij Rani went there. THE appellant sent his wife Smt.Shakuntla (deceased) with Smt.Brij Rani (PW 5) to their house. He, howeer, followed them to their house. Santosh Kumar (PW 7) was sitting there. He pointed out to his mother, Smt.Brij Rani (PW 5), as to why she had brought Smt. Shakuntla wearing dirty Dhoti. Smt. Brij Rani told him that there was nothing to mind as it was the matter of her own village and she would wash her Dhoti with soap and it would get cleaned. THE appellant, who had followed them, happened to hear the above talk. He lost his temper. He also happened to carry a Tamancha with him. He gave a blow with the but of the Tamancha on the back of Smt. Shakuntla saying as to why she was telling tales (chugli karti hai). At this, Smt. Brij Rani (PW 5) and Smt. Sheo Kumari PW 4 and Santosh Kumar PW 7 challenged the appellant saying that he had sent Smt. Shakuntla of his own free will. So he will not beat her. At this, Smt. Shakuntla (deceased) also retorted that he should be sent away as she did not want to see his face. THE appellant went away with the Tamancha.