VIJAI KURMI Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been lodged by the sole appellant Vijai Kurmi against the judgement and order dated 17.3.1982 passed by Sessions Judge, Ballia in S.T. No. 182 of 1981 whereby he has been convicted under Section 302 I.P.C. and sentenced to life imprisonment.

(2.) The relevant facts as revealed from the F.I.R. and the evidence adduced in the court may be narrated thus: The deceased was one Pramila aged about 19 years-daughter of the first informant Shrimatia. The incident occurred in between the night of 30.4./1.5.1981 in village Dularpur at the house of the deceased within Police Station Narhi, District Ballia. The oral F.I.R. was lodged by the deceased's mother at 10.00 A.M. on 1.5.1981. The accused-appellant Vijai Kurmi was related to Paltan Pradhan of village Dularpur wherein the informant Shrimatia wife of Sheo Murat resided. He occasionally used to visit the house of the said Paltan Pradhan. He had evil eye on the deceased and wanted to have illicit connection with her but she had spurned his designs. He, therefore, started spreading rumour to defame her by saying that she was pregnant. Before the incident, she had been married but her second marriage (Gauna) had not taken place. As such she was residing at her parental house. Some two days before the incident, the accused Vijai Kurmi had come to the house of Paltan Pradhan. The mother of the deceased had gone to the house of Paltan Pradhan and questioned him about the rumour that he was spreading regarding her daughter. There was hot discussion between the two. In the meantime, the deceased had also arrived at the well to fetch water. She also joined her mother in the quarrel with the accused. The accused had then offered threats. However, the deceased and her mother had returned back to their house.

(3.) At the time of the incident in the eventful night, the informant, her deceased daughter Pramila and her son Ajai were lying on cots in their sehan after taking their meals. The informant was, however, only lying on her cot and was not sleeping. A glowing lantern was hanging on the wall. The accused-appellant Vijai Kurmi came their and proceeded towards the cot of her daughter Pramila. The informant challenged him whereupon he commanded her to keep quiet. He then opened fire on Pramila from close range. The informant's son Ajai Kumar also witnessed the incident. On the alarm, the witnesses arrived. He was seen running. Shiv Pujan PW 3 was one of such witnesses who saw him fleeing.