RAM PANDEY Vs. STATE

JUDGEMENT

(1.) The instant appeal filed on behalf of accused appellant is directed against judgment and order dated 13th November, 1981 passed by Sri R.P. Pandeya, the then Session Judge, Sultanpur in Sessions Trial No. 29 of 1981 State Vs. Ram Pandey under section 302/34 IPC whereby, the appellant was convicted and sentenced to undergo imprisonment for life.

(2.) Briefly stated the prosecution version is that on 10th February, 1980 at 12.30 A.M. Ved Prakash Pandey gave a written report at P.S. Kotwali, Sultanpur stating therein that his father is class IV employee in U.P. Roadways (U.P. State Road Corporation) and posted in District Basti. He and his mother Lakhpati work in U.P. Roadways, Sultanpur and live in a rented accommodation situate in mohalla Civil Lines-1. These days his mother was working in office of Regional Manager, Faizabad. She used to go and come back daily. She also used to visit Anirudh Pandey, A.R.M. U.P. Roadways, Sultanpur, Anirudh Pandey had procured job for him and his mother. Family of Anirudh Pandey used to dislike this. On the last Saturday son of Anirudh Pandey had stalked her and threatened to murder her and throw her body in the jungle of Tikari. One month ago her mother was transferred to Faizabad that also further worsened the relations of her with the family of Anirudh Pandey. On account of this enmity that night at about 11.30 P.M. three persons lighting torch entered his ''osara' where he and his brother were sleeping. Her mother, along with Vindhwasani and Parmawati, was sleeping inside the room. As per daily practice in the ''osara' and room Dhibri (the small kerosene oil lamps) were burning. When these persons were trying to open the door, they woke up, door was tied with a rope from the inside, the rope was severed by Ram son of Anirudh and his companion. Thereafter they entered the room of her mother and after moving away his sister and Parmawati from cot Ram and his companion fired from their countrymade pistols and third miscreant inflected knife injury on the wrist of his mother. They raised hue and cry, thereat resident of the mohalla came there and all present had identified the miscreants in the light of dhibri and torch. His mother has died. He had requested that prompt action be taken that may result into the arrest of the miscreants.

(3.) At this chick FIR was scribed, case crime no. 82/1980 under section 302 IPC was registered and investigation was entrusted to Udai Narain Pandey. The investigating officer immediately examined the first informant thereafter reached the spot and recorded statements of other witnesses. Due to paucity of light inquest proceedings were adjourned and held on the following morning, spot was inspected, dead body was sent for postmortem examination. From the spot broken bangles, one bag full of papers and stained with blood, four pieces of severed rope, blood stained kathari, two dhibri, one slip of paper were recovered. After the accused Ram surrendered, his statement was recorded and after completion of investigation, charge sheet was submitted. Thereafter blood stained clothes were sent for chemical examination and report was obtained.