TARSU YADAV Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. Tarsu Yadav and his father-Sita Ram alias Satai Yadav were tried before IV Additional Sessions Judge, Ghazipur in S. T. No. 235 of 1981. By the judgment dated 1-3-1982, the trial Judge convicted Tarsu Yadav with sentence of life imprisonment on two counts for committing murder of Dwarika and Smt. Kumariya under Section 302 IPC and under Section 307 IPC for attempting the murder of Rajmatiya. Sita Ram was convicted (for sharing the common intention for the murder of Smt. Kumaria and attempting the murder of Rajmatiya) under Section 302 read with Section 34 IPC with life imprisonment and under Section 307 read with Section 34 IPC with sentence of life imprisonment.

(2.) TARSU Yadav died during the pendency of the appeal and same abated under our order dated 23-5- 2003. The Court is now concerned only with Sita Ram alias Satai Yadav. The incident occurred on 28-6- 1981 in village Husainpur Madhukar, Police Station Sadat, District Ghazipur. The FIR was lodged at 7. 30 a. m. the same day by Rama Yadav PW 1. In this incident, Dwarika and Smt. Kumaria-mother of Dwarika were murdered. Dwarika had died at the spot and Smt. Kumaria had died in hospital on 29-6-1981 at 7. 40 a. m. one Smt. Rajmatia alias Rajmania suffered injuries in this incident who after some time died of natural death.

(3.) AT the trial, the prosecution examined ten witnesses. Out of them, Rama Yadav PW 1, Adalat PW 2 and Mewa Singh PW 3 were examined as eye-witnesses. Rest of the evidence was more or less of formal nature.