ANANT RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred against judgment and order dated 27.8.1998 passed by Spl/ Addl. Sessions Judge, Shahjahanpur in Sessions Trial No. 821 of 1995 (State of U.P. Vs. Anant Ram), under Sec. 302 I.P.C. and 4/25 Arms Act PSSehramau South, District-Shahjahanpur, by which the appellant Anant Ram was convicted and sentenced to Life Imprisonment under Sec. 302 I.P.C. and three years' of rigorous imprisonment under Sec. 4/25 Arms Act.

(2.) Heard Ms. Dr. Abida Syed, learned counsel for the appellant (Amicus Curiae) and Shri Ajit Ray, learned A.G.A. and perused the record.

(3.) The brief facts of the case are that-the complainant Gajju Lal s/o Shobha Jatav, resident of village Pasgawan, PS-Sehramau South, District-Shahjahanpur filed written report Ex. Ka1 scribed by Shyamlal that the accused appellant Anant Ram s/o Sukkha, resident of village Pasgawan abducted Pakhi, the wife of his younger brother Daya Ram about four months ago. The accused and Pakhi returned back to the village after one month. After her return Pakhi remained with his younger brother Daya Ram but the accused Anant Ram used to meet Pakhi regularly and wanted to abduct Pakhi again but Pakhi resisted him. On 8.7.1995 at about 2:30 p.m. when Pakhi was going to make natural call in the field of Matloob Khan, the accused Anant Ram caught her and stabbed her many times with a knife. At the time of incident, the complainant and his younger brother Daya Ram were sitting on chabutra under peepal tree belonging to Jagnay and on seeing the occurrence they rushed to save Pakhi and in the mean time Anant Ram also stabbed himself with the same knife and fell down on the ground. Pakhi died instantly. The knife was lying near Anant Ram. The body of Pakhi and injured Anant Ram were lying on the spot. Many people had gathered there.