BABU RAM Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been preferred by the accused-appellant, Babu Ram, who has been convicted for the offence, punishable under Section 302 I.P.C. by Sri M.K. Mittal, the then Sessions Judge, Jalaun at Orai vide judgment and order dated 18.8.1999. The accused-appellant is in jail and from jail itself, he preferred this appeal.

(2.) The facts giving rise to this unfortunate case are as under: The appellant is resident of village Dadri, P.S. Ata, district Jalaun. The deceased Smt. Sarman was his wife and Km. Kapoori was his daughter. The complainant-informant Mahipal Singh, resident of village Dhamni, P.S. Kotwali, Orai, district Jalaun was the brother-in-law of the accused-appellant.

(3.) On 17.11.1994, the complainant-informant, Mahipal Singh came to the house of accused-appellant in routine manner to know welfare of his sister and other family members. Smt. Sarman told her brother that her husband, Babu Ram was still indulging in gambling and consuming liqour and was spoiling properties. She also told him that about 5-6 years back, her husband disposed of 15-20 Bighas agricultural land to meet out expenses of gambling and liquor consumption. The complainant-informant in the evening at the time of dinner, asked the accused-appellant about the complaint made by his sister, Smt. Sarman. At that time, Km. Kapoori was also present there. The accused-appellant felt it otherwise and became annoyed. Some altercation also took place between him and two ladies. At that time, Km. Kapoori was aged about 14 years. After taking dinner, the family members went for sleeping in the house. The complainant-informant and accused-appellant were sleeping on one cot in the pour of the house. Smt. Sarman alongwith her daughter, Km. Kapoori were sleeping inside the house on one cot. At about 4.00 A.M. in the intervening night of 17/18.11.1994, the accused-appellant woke up and wanted to go out side of the "pour". The complainant-informant asked him that it was still dark and where he was going. The accused-appellant told him that he was going to provide fodder to the Buffaloes and he went out, After few minutes, the complainant- informant heard noise and reached to the room, where his sister, Smt. Sarman and bhanji, Km. Kapoori were sleeping. He saw that the accused-appellant was beating them by 'Michwa' (wooden foot of cot). As soon as he reached there, the accused-appellant came out side the room and went away. He raised alarm and on hearing it, his neighbours, Prem Chandra and Khyali reached there. They wanted to catch hold of the accused, but he pushed the complainant-informant, who fell down and he ran away from the spot. The complainant-informant and the witnesses entered the room and saw that Smt. Sarman and Km. Kapoori were lying dead on the cot after sustaining the injuries.