RAM LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) This is an appeal by accused Ram Lal who has been held guilty and sentenced to life imprisonment under Sec. 302. I.P.C. by VIIth Additional Sessions Judge. Agra by the impugned judgment and order dated 16.4.1982 passed in Session Trial No. 408 of 1981.

(2.) The appellant faced the above trial for committing murder of Smt. Maujshree who was earlier married to his elder brother Jait Singh Yadav and after whose death she had started living with the appellant as his wife. It is alleged that she had come to know about the appellant's illicit relation with his younger brother Jagdish's wife. She had seen them in objectionable positions and had made it an issue for of fued with the appellant in which Ram Lal appellant had bet her also. Her cousin brother (Buwa's son) Anar Singh, P.W. 5 had witnessed the beating along with others and had separated them. Appellant had threatened that time that he will teach a lesson to the deceased in future. All this happened in village Vikrampur within the circle of police station Bah district Agra where the appellant and the deceased were living.

(3.) It is further alleged that on 7.5.1979 at about 2.30 p.m. deceased Maujshree raised hue and cry from her Gher (house)where upon first informant Jaivir Singh, P.W. 1, Anar Singh. P.W. 5. Tukman Singh P.W. 2. Fateh Singh. P.W. 4 and Sudama Prasad etc. rushed to the house of the appellant and saw the appellant belabouring Maujshree with kicks and fists and 'Danda' while she was lying on the ground. On seeking these persons the appellant Ram Lal left his Gher and fled towards east carrying away danda with him. When the above witnesses went closer they found the mouth of the victim gagged with a cloth which was removed by them. There was no visible mark of injury on her body. The first informant along with Hoti Ram, Visheshwar, Sullan, Kumarjit and Deputy etc. laid the victim on a cot and were carrying her to the hospital when she died in the way. The informant and the people accompanying him then diverted to the police station Bah carrying the dead body where a written report was got scribed through Hoti Ram son of Fateh Singh and was lodged at the police station by Jaivir Singh. P.W. 1 on which crime No. 57 of 1979 under Sec. 302, I.P.C. was registered against the appellant. Ex. ka-1 is the written report whereas Ex. ka-3 is the chik report of the aforesaid crime.