JAMUNA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Rastogi, J. This is a revision against the order dated 19-4-2007 passed by Sri D. C. Singh, learned Additional District and. Sessions Judge, FTC II, Hathras, in S. T. No. 296/06, State v. Rakesh Kumar under Sections 302 and 201, I. P. C.

(2.) THE facts relevant for disposal of this revision are that on 11-4-2006 at 7 p. m. Sri Ram Gopal lodged a F. I. R. at police station Hathras with these allegations that his sister Sanjesh Kumari had been married with Vijendra Singh resident of village Paharpur who died two years ago in an accident. THE Jeth of Sanjesh Kumari named Rakesh and his wife Jamuna were not giving the land of the share of Vijendra Singh to her. However, her name was ordered to be entered in the revenue records. Hence, Rakesh felt aggrieved. He used to threaten Sanjesh Kumari, and on 11-4- 2006 Ram Gopal received information at about 4 p. m. that Sanjesh Kumari had been murdered. THEn he went to village Paharpur and saw the dead-body of his sister Sanjesh Kumari in the field. THEre were marks of several injuries on her body and her body was burnt and there was bleeding also. A Crowd had assembled there and some persons were talking that Rakesh, his wife Jamuna Devi and Banwari's sons Girish and Hakim had murdered Sanjesh Kumari. Upon making inquiries Ram Gopal came to know that Sanjesh Kumari had gone to her field with diesel oil for operating the engine of pumping set. At about 2 p. m. Rakesh and his wife reached there. THEy prohibited her from watering the field and then there was exchange of abuses and thereafter Rakesh and his wife gave spade blows upon her neck and head and consequently Sanjesh Kumari fell down. Girish and Hakim Singh, who were "working in nearby fields, reached there and all of them covered her body from plastic and Tat bags and threw diesel oil upon her and burnt her dead-body. THEreafter Rakesh shouted that Sanjesh Kumari had burnt herself. A large number of villagers reached there and saw this incident. Rakesh and his family members did not make any attempt to extinguish the fire, and therefore he prayed for necessary action in the matter against Rakesh etc.

(3.) IT is to be seen that it is apparent from the F. I. R. as well as from the statement of informant Ram Gopal that he is not an eye-witness of the incident and upon making inquiry from the persons present on the spot he came to know that Rakesh and his wife Jamuna Devi had murdered his sister Sanjesh Kumari by giving spade blows upon her head and neck and thereafter Girish and Hakim Singh reached there and thereafter they had burnt her dead- body by pouring diesel oil upon her. Ram Gopal (P. W. 1) stated the same thing in his statement before the Court.