RAM PHAR Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 9.5.1991 passed by Vth Additional Sessions Judge, Sultanpur in Session Trial No.81 of 1989 convicting and sentencing the appellants under Sections 304 I.P.C. to undergo 10 years rigorous imprisonment.

(2.) The prosecution case in brief are that on 8.4.1988, the daughter in law of the informant, namely Malawati had gone to attained the call of nature outside the house and further she was not feeling well after some time the informant heard the cry and shrieks of his daughter in law near the house of co-accused Ram Phare on which the informant, his wife Smt. Dulari and their daughter Minwa Devi reached the door of accused Ram Phare and they saw that accused Ram Phare, Ram Kishun and Ram Jatan, who were resident of village of the informant, were assaulting his daughter-in-law Malawati with kicks, fists and Lathi and they were stating that she was "Mudkatni" (a notion of superstition). She was raising alarm and informant protested the accused for assaulting his daughter-in-law but the accused assaulting her. On hearing the alarm, one Hargandra and Kaladeen and other persons of the village arrived and saved informant's daughter-in-law. The informant took his daughter-in-law to Akhand Nagar Hospital for medical treatment. While he was returned in the evening he stopped at Rahul Nagar Bazar and as soon as he gave tea to her and further started taking her back his daughter-in-law died. Due to night he brought the dead body his daughter-in-law to his house and kept there. He got a written report abut the incident by Mewalal Kahanr which is marked as Ex. Ka-1 and took the same to the police station Akhand Nagar at 7.15 a.m. on the basis of which an F.I.R. was lodged against the accused persons on 9.4.1988 which was registered as Case Crime No. 23 of 1988 under Section 304 I.P.C.

(3.) The Investigating Officer of the case S.I. Diwakar Pandey was carried out investigation which was entrusted him and the same was concluded by another Investigating Officer Sita Ram Arya, who was the Station Officer. During the course of investigation he prepared the site plan Ex. Ka-14, the inquest report of the deceased was conducted by Sub Inspector Diwakar Pandey which was marked as Ex. Ka-4 and Ka-5. The dead body of the deceased was sent for post mortem on 9.4.1988, the same was marked as Ex. Ka-8 to District Hospital Sultanpur where the post mortem report prepared which was marked as Ex. Ka-2. The Investigating Officer Sitaram Arya, recorded the statement of the witnesses under Section 161 Cr.P.C. and thereafter he submitted the charge sheet against the accused under Section 304 I.P.C. The case was committed to the court of Sessions by the Magistrate and the accused were tried for the said offence. The trial court framed the charges against the appellants under Section 302 read with Section 34 I.P.C., who denied the charges and claimed to be trial.