RAJWA Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been filed by Rajwa, his son Sauniya and three other persons viz. Gaya Prasad, his brother Siya Ram and one Mangi against the judgment dated 31/10/1977 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, I.P.C. and sentenced to undergo R.I. for two years each while the remaining three accused, who are said to have been armed with Lathis have been convicted under section 147, I.P.C. and sentenced to R.I. for two years each. All the appellants have further been convicted under section 302/149, I.P.C. 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 (P.W. 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.) This occurrence is said to have taken place on 26/6/1975 at about 11 a.m. The first information report was lodged by Dulua (P.W. 1) at Police Station Chandpur, which was about 6 miles from the spot, on the same day at 4 p.m. It was alleged that at about 11 a.m., when the informant and the deceased were going towards the field in the east of the village and had reached near the Nala, all the accused persons came out from the Nala armed with Kutharis and Lathis and started assaulting Smt. Maharajiya after surrounding her. Rajwa and Sauniya were armed with Kulharies while Gaya Prasad, Siyaram and Mangi had lathis on their alarm, witnesses Shiv Balak Singh (P.W. 3) and Badri Singh (P.W. 4) who were taking Hariyali (green-fodder) from the fields, arrived there. On the arrival of the witnesses, the accused persons escaped towards south. The witnesses found that Smt. Maharajiya had sustained Kulhari injuries on her neck and her right hand was fractured. She succumbed to her injuries on the spot.