PHOOL SINGH Vs. STATE O

JUDGEMENT

(1.) R. C. Deepak, J. The Criminal (Jail) appeals No. 2489 of 2004 of Phool Singh and 2492 of 2004 of Sharwan Kumar arise out of the judgment and order dated 7. 8. 2004 passed by Smt. Rama Jain, learned Addl. District and Sessions Judge, Hardoi in S. T. No. 50 of 2002 relating to the murder of one Munshi Lal Yadav, whereby she convicted the accused appellants under section 302 IPC and sentenced them to life imprisonment with a fine of Rs. 5000/-, are being heard together and is disposed of accordingly.

(2.) THE brief facts of the case are that Munshi Lal Yadav, the resident of village Pihania P. S. Kotwali Dehat District Hardoi, was issueless having no wife but two married sisters; that he was the owner of 40 bighas agricultural land. He had given his agricultural land to one Nand Ram (PW 1) on batai. THE accused-appellant Phool Singh is the cousin brother of Munshi Lal Yadav whereas accused appellant Sharwan Kumar is the nephew of Phool Singh. Phool Singh and Sharwan Kumar asked Munshi Lal Yadav to transfer his property to them but Munshi Lal Yadav had voluntarily declared that he would not dispose of the property during his life time, as a consequence the accused-appellants had developed a motive to eliminate him. Parsuram (PW 3) is the nephew of Munshi Lal Yadav. He used to come to the deceased to see him. It is alleged that one day earlier Parsuram had come to the house of his maternal uncle Munshi Lal Yadav. Parsuram and Munshi Lal Yadav had been sitting at a temple as Munshi Lal Yadav had became a Sadhu and remained to sit at the temple. During the course of their sitting, Nand Ram came there and demanded money from Munshi Lal Yadav to purchase diesel for irrigating the field but Munshi Lal Yadav told him that he had no money but also asked him to accompany him to his house to take wheat from him and after selling the same, he will collect the money to purchase diesel and come at the temple. THEreafter, both of them (Nand Ram and Munshi Lal Yadav) went to the house of Munshi Lal Yadav where Munshi Lal Yadav gave some wheat to him. Nand Ram came out from his house but Munshi Lal Yadav remained there. Nand Ram sold the wheat and got Rs. 96/- from its sale and thereafter he went to the temple where Parsuram was sitting but Munshi Lal Yadav was not there. He enquired from Parsuram about Munshi Lal Yadav. Parsuram disclosed that his maternal uncle has yet not come back here as it was very late. THEreafter, both of them went to the house of Munshi Lal Yadav and entered therein and they saw that in the bhushawali kothri Phool Singh and Sharwan Kumar had pulled down Munshi Lal Yadav and they were strangulating him with a rope and also causing injuries with kicks and fists. THEy raised an alarm. Jai Chand and certain others reached there and saw that Munshi Lal Yadav died of the injuries and his dead body was lying there. Accused-appellants ran away from there. Parsuram prepared an application (Ext. ka-1) in regard to the murder of his maternal uncle and submitted it at the police station Kot-wali Dehat, on the basis of which a case as case crime No. 237 of 2001 under section 302 IPC was registered at 17:40 hours against the appellants, the distance of the police station being 13 kms. THE chick report of Ext. ka-2.

(3.) LIGATURE mark all around the neck below thyroid cartilage mark grooved hard and leathery underlying times pchymosed margin congested abrasion around ligature mark present underlying thyroid cartilage and thyroid bone cornea fractured musical lung of larynx markably congested. 5. The doctor determined the cause of death of the deceased asphyxia as a result of strangulation.