RAM PHER Vs. STATE

JUDGEMENT

(1.) THESE two appeals were heard together as they are directed against the same judgment recorded on 28.8.79 by the IIlrd Additional District and Sessions Judge, Jaunpur, in S.T. No. 299 of 1977. The appellants were found guilty under Section 302/34, I.P.C. and were convicted therefor and sentenced to imprisonment for life. Both of them were further convicted under Section 201, I.P.C. and each was sentenced to R.I. for a period for five years. The appellant. Ram Pher, has further found guilty and convicted for the offence under Section 366, I.P.C. and was sentenced to R.I. for seven years. All the sentences were to run concurrently. Upon appeal, the appellants were granted bail.

(2.) AT the trial, the appellants were tried along with two other persons, namely, Kashi Ram and Ram Yash, who were acquitted by the trial court. The charges framed at the trial court indicated the appellant Ram Pher had in the night intervening 23rd and 24th July, 1977 at about 11 p.m. kidnapped one Usha Devi from the lawful guardianship of her father in village Banbeerpur, P.S. Badshahpur, District Jaunpur in order that she may be seduced to illicit intercourse. The further charge implicated all the four accused persons at the trial on an allegation that in the night intervening 25th and 26th July, 1977, they in furtherance of their common intention committed murder of Usha Devi and had caused the evidence of offence of murder to disappear by throwing the dead- body into a ditch.

(3.) THE learned trial court had acquitted the co-accused Kashi Ram and Ram Yash on the ground that they were of the family of the accused, Ram Pher; no specific part had been alleged against them. Kashi Ram was elder brother of Ram Pher and an old man. Ram Yash was a young lad and a nephew of Ram Pher and the trial court was of the view that in the circumstances of the case. Ram Pher would not have taken assistance in this crime from his own family members and he gave benefit of doubt to Kashi Ram and Ram Yash.