RAJWA Vs. STATE

JUDGEMENT

(1.) THIS appeal has been filed by Rajwa, his sons Sauniya and three other persons viz. Gaya Prasad, his brother Siya Ram and one Mangi against the judgment dated 31-10-77 passed by Additional Sessions Judge, Fatehpur Appellants Rajwa and Sauniya who are said to have been armed with Kulharis have been convicted under Section 148 IPC and sentenced to undergo RI for two years each, while the remaining three accused, who are said to have been armed with Lathis have been convicted under Section 147 IPC and sentenced to RI for two years each. All the appellants have further been convicted under Section 302/149 IPC and sentenced to imprisonment for life.

(2.) DECEASED Smt.Maharajiya aged about 65 years was the widow of Girdhari Kewat of village Rustampur alias Natthipur, P. S. Chandpur of District Fatehpur. Informant Dulua PW 1 used to live with her and look after her cultivation for the last about 10-15 years. Appellant Rajwa is the nephew of Smt. Maharajiya while appellant Sauniya is the son of Rajwa. Girdhari died about 2 or 3 years prior to this murder. After his death, there was some litigation regarding land between Smt. Maharajiya on the one hand and her nephews Rajwa (appellant) and Jalia on the other. The said litigation was decided in favour of the deceased. It is alleged that Rajwa and others were inimical towards the deceased on account of the fact that the said litigation ended in her favour.

(3.) IN support of its case, the prosecution examined three eye witnesses. PW 1 Dulua was the informant of this case. PW 3 Shiv Balak Singh and PW 4 Badri Singh were eye-witnesses who were cutting green fodder in their fields and had arrived at the spot on hearing the alarm. All these witnesses fully supported the prosecution case in all other respects, except that they stated that accused Rajwa and Sauniya alone had assaulted the deceased with Kulharis and that other three accused viz. Gaya Prasad, Siya Ram and Mangi were merely standing with lathis in their hands but did not assault her.