PARSU RAM Vs. INDIAN PENAL CODE 1860 SECTION 302 DOUBLE MURDER CONVICTION AND SENTENCE VALIDITY OCULAR EVIDENCE OF THREE EYE WITNESSES CLEARLY SHOWING THAT THEY BEING CLOSE NEIGHBOURS OF DECEASED HAD SEEN ACCUSED APPELLANT ASSAULTING BOTH DECEASED

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment and order of conviction dated 4.3.1994, passed by Sri R. G. Shukla, the then Additional Sessions Judge, Kannauj, district Farrukhabad, convicting the accused-appellant Parshuram under Section 302, I.P.C. and sentencing him to undergo imprisonment for life.

(2.) THE prosecution story briefly stated is as follows : THE complainant Vermadeen, who is since dead, was the unfortunate father of the deceased Ram Bilas (aged 13 years) and husband of deceased Maikinna (35) who were brutally killed by means of knife by his own nephew Parshuram, the accused-appellant before this Court, on the intervening night of 28/29.9.1991, at about 1.00 a.m. on the roof of his house situate in village Horapurva, hamlet of Mauja Bakhra, police station Thathia, district Farrukhabad, because of the greed for property. THE prosecution maintained that on the fateful night of the occurrence, the deceased Ram Bilas and Smt. Maikinna were sleeping on the roof of their house situate in village Horapurwa. THE accused-appellant on one hand and the complainant and deceased persons on the other hand were living in one and same house, the courtyard of which was partitioned by means of a wall. It was the last week of the month of September, which is known as the month of Kunwar in Hindi and during which month the shine of the moon probably remains at its highest peak. THE accused-appellant Parshuram wanted to grab the landed property of the complainant Vermadeen. THE deceased Ram Bilas was the only son of the complainant. On the intervening night of 28/29.9.1991, at about 1.00 a.m. the accused-appellant assaulted Ram Bilas and his mother Smt. Makinna by means of a knife and caused a number of incised wounds on their persons because of which Ram Bilas succumbed to his injuries right on the morning of 29.9.1991 at about 8.30 a.m. at Fatehgarh hospital, district Farrukhabad and Smt. Maikinna succumbed to her injuries after about three days on 2.10.1991 at about 9.15 a.m. at Fatehgarh Hospital, district Farrukhabad. THE prosecution claimed that Sri Gaya Prasad, P.W. 1 was the next door neighbour of the deceased and the accused-appellant, P.W. 2, Sobhran and P.W. 3, Ganga Charan were also their close neighbourers. Hearing the hues and cries of the injured persons, Gaya Prasad, P.W. 1 who was sleeping on the roof of his house saw the occurrence with his own eyes. P.W. 2, Sobhran and P.W. 3, Ganga Charan had also seen the occurrence. When on hearing noise, the neighbourers collected and challenged the accused-appellant, the accused-appellant jumped from the roof towards the east-south of his house and ran away hiding himself in the fields where Cherry crop was standing. THE villagers tried to chase and apprehend the accused-appellant upto a few paces, but the accused-appellant escaped.

(3.) S.I. Sri Charan Singh Tomer, P.W. 6, inspected the scene of occurrence on the pointing out of Gaya Prasad, P.W. 1 and prepared site plan, Exh. Ka.-5. He recovered blood-stained and simple earth from the roof of the complainant and prepared recovery memos about the same. He recorded the statement of Sobhran, P.W. 2. After coming at the police station he came to know about the death of Ram Bilas. He, therefore, converted the case under Section 302, I.P.C.