NANKOO AND ORS. Vs. STATE

JUDGEMENT

(1.) NANKOO , Santu and Chhanga were asked to stand their trial for having committed the murder of Ram Kumar and his putative father Baijnath. Chhanga was charged simpliciter under Section 302 IPC while Santu and Nankoo were charged under Section 302 IPC with the aid of Section 34 Penal Code.

(2.) IT is not disputed in this case that Nankoo and Santu are real brothers while Chhanga is their cousin. It is also admitted in this case that Baijnath had three brothers, namely. Ram Autar, Bhagwan Din and Paragi. Faqire and Shambu were sons of Paragi. Chhanga is the son of Ram Autar, while Nankoo and Santu are sons of Bhagwan Din. In this way, the deceased Baijnath and his adopted son Ram Kumar may be said to be close relations of the three accused of this case. It is alleged by the prosecution that Baijnath had no issue. He had adopted Ram Kumar as his son. Ram Kumar was the son of Baijnath's brother -in -law. Initially Ram Kumar used to reside in village Bajpur, district Lucknow, but since his adoption he had been residing with Baijnath in village Chilehta where these accused also reside. About 11 years prior to this incident Ram Kumar was married to Raj Kumari, a prosecution witness of this case. Raj Kumari is the daughter of Ram Prasad, another prosecution witness. Ram Prasad resides in village Barethi which lies at a distance of about three miles from Chilehta. Since her marriage Raj Kumari resided with her husband and her father -in -law. The prosecution story further reads in this way that a year before this occurrence Baijnath executed a sale -deed of some agricultural property in favour of his son Ram Kumar. A mutation case had started on the basis of the aforesaid sale -deed and as a result of mutation the name of Ram Kumar had been entered in the relevant revenue papers. The accused did not like either the adoption of Ram Kumar or the transfer effected by Baijnath in Ram Kumar's favour and this had given a motive to the accused to commit this double murder. A day before this occurrence both Baijnath and Ram Kumar had informed Bishram Pradhan of village Barethi that the accused had adopted a hostile attitude. They had also requested the aforesaid Pradhan to inform Ram Prasad about this fact so that, he could come to village Chilehta for effecting of reconciliation between the deceased on one hand and the accused on the other. On 27th September, 1974, Ram Prasad accompanied by a co -villager Piarey Lal had come to Chilehta at about 3.30 P.M. They found Baijnath sitting at the well. They entered into conversation with Baijnath. At about 4 P.M. Ram Kumar taking the plough and the bullocks proceeded towards his fields which lay to the south east of his house. He was followed by his wife Raj Kumari. Ram Kumar had started ploughing his field from the northern side. On that occasion his wife Raj Kumari was taking out grass from the south portion. At about 5 P.M. Chhanga accused armed with a gandasa and Santu and Nankoo armed with bankas reached the field. They chased Ram Kumar upto a distance of 20 to 25 paces. When Ram Kumar had reached the parti land lying to the north of his field, he as surrounded by Santu and Nankoo who caught hold of him and felled him on the ground. Chhanga is said to have given a gandasa blow on account of which Ram Kumar's neck was severed causing his instantaneous death. This incident was said to have been seen by Raj Kumari who started weeping. Thereafter all these accused are said to have come to the well in the abadi where Baijnath was talking to Ram Prasad and Piarey Lai. Reaching there all these three persons started delivering blows upon Baijnath with their respective weapons on account of which Baijnath is said to have died on the jagat of the aforesaid well. Thereafter the three accused are said to have escaped towards the east. Ten or fifteen minutes after this murder of Baijnath, Raj Kumari came weeping to this well and narrated the incident connected with her husband to Ram Prasad and Piarey Lai. Both these persons thereafter went to the place where Ram Kumar was lying dead. They found the dead body of Ram Kumar lying in the parti land. Piarey Lal was deputed to look after the dead body. Ram Prasad brought the the plough and the bullocks to the house. Thereafter Ram Prasad is said to have collected Kishun, Paragi and Bhagirath. These persons were taken to the parti to see what had happened to Ram Kumar. Ultimately Ram Prasad accompanied by Piarey Lal reached Kotwali, Barabanki, at about 11.30 P.M. the same night and lodged the F. I. R. The police station lies at a distance of three miles from this village. Station Officer Ram Asrey Singh started investigation and is said to have interrogated Ram Prasad and Piarey Lal at the police station. Thereafter accompanied by Sub -Inspector Shyam Bahadur Singh and other constables and taking with him two petromax lamps the Investigating Officer reached this village at about 2.30 in the night. He found the dead body of Baijnath on the well. He prepared the inquest report relating to the dead body of Baijnath and sealed the dead body after preparing the relevant documents. He also prepared the inquest relating to the dead body of Ram Kumar and after sealing it he prepared the relevant papers in respect of that body as well. He then interrogated Raj Kumari and deputed constables to search for the accused. The search found the accused missing and nothing incriminating was recovered from their houses. The Investigating Officer took bloodstained and nearby plain earth from the place where Baijnath's body was lying. He sealed them in separate containers and then prepared memos. He also took into possession blood -stained and nearby plain earth from the place where Ram Kumar's dead body was lying and after sealing them in separate containers he prepared memos of the same. Thereafter he is said to have inspected the scene of occurrence and prepared a site -plan with the help of witnesses. He had found signs of recent ploughing in the field of Baijnath on the northern side. He also found some grass having been plucked from that very portion. Autopsy upon the dead body of Baijnath was conducted by Dr. K. R. Hasan on 28 -9 -1974, at about 4 p.m. The Doctor found the probable time of death to be about one day. He found the following ante -mortem injuries upon the dead body :

(3.) THE same Doctor conducted autopsy upon the dead body of Ram Kumar on the same day, i.e., 28th September, 1974, at 5 P.M. According to him, the probable time of death was about one day. He found the following ante -mortem injuries upon the dead body :