CHANDRIKA PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) ACCUSED Chandrika Prasad and Ram Baran have been con victed by the learned Sessions Judge, Fatehpur vide his judgment and order dated 19-3-81 passed in S. T No. 103 of 1980, State v. Chandrika Prasad and one other on the charge under section 302/34, I. P. C. and sentenced to undergo life im prisonment. ACCUSED Ram Baran further stands charge under section 307, IPC and after being held guilty, has been sentenced to undergo 3 years' R. I. ACCUSED Chandrika Prasad further stands con victed on a charge under section 307/34, IPC and ordered to undergo 3 years' R. I. Both the sentences of both the accused- ap pellants, are directed to run concurrently.

(2.) THE prosecution case started on the basis of a F. I. R. Exhibit Ka 1, lodged by Smt. Vidyawati, (P. W. I), vidow of Ram Ratan (deceased in this case) on 2. 11. 79 at 3. 15 a. m. In it the incident is said to have taken place on 1/2-11-79 around mid night. THE distance of the police station from the place of occurrence, is three miles. She has mentioned therein that she alongwith her husband Ram Ratan. (deceased) resided in village Sungaon, PS. Tharion, Distt. Fatehpur. Alongwith them, her mother-in-law Smt. Janki wife of Cneeda Lal resided. THE village Sun gaon is the parental village of Smt. Vidyawali, P. W. 1, complainant. Her hus band originally belonged to Gram Padarathpur, Dist. Banda. THEre was a dispute between the deceased Ram Ratan and other collaterals with regard to the property of village Padrathpur and the ac cused and other family members. THE rela tions between her husband and other col laterals had became so bad that the col laterals wanted to kill Ram Ratan. THEre fore, in order to save his life, Ram Ratan alongwith his mother and wife Smt. Vidyawati left the village Padarathpur about three years prior to the incident dated 1/2-11 -79 and started residing in vil lage Sungaon for security purposes. Even then the accused Chandrika Prasad and Ram Baran (who is the Sala of Barku, a collateral of complainant) used to visit village Sungaon quite often. In the night of occurrence (1/2-11-73) the complainant was sleeping alongwith her husband on the same cot inside the inner courtyard. At a small distance from there, her mother-in-law was also sleeping on a different cot. Around 12 a. m. she got some inkling and awoke. She saw that the accused Chandrika Prasad and Ram Baran alongwith two other unknown persons were standing near her cot. Small Dibbi was giving light and within it, she iden tified correctly both the accused and saw the faces up to the other unknown persons, also whom she recognized and can still identify as and when opportunity arises. Chandrika Prasad fired at her husband Ram Ratan with a single barrel gun and Ram Baran, accused assaulted her with a country-made pistol. She received injuries in her right thigh. She and her mother-in-law raised an alarm. Meanwhile Chandrika Prasad accused and Ram Baran, accused assaulted Ram Ratan with their weapons. Hearing the alarm, Moti Lal, P. W 3, who is the real brother of the complainant, Yashodanand, Daya Shankar, Ram Ashrey, P. W 2, Satya Narain Shukla, Shyam Lal and several other persons of the village arrived. THE accused opened the main door of the house and escaped towards the south. THE witnesses had also torches, which they were flashing and with their help, they had identified the culprits. While escaping, one of the unknown miscreants, took away her transistor and Rs. 500/-, which she had concealed therein. THE miscreants had entered her house with the help of a lad der. After giving her husband's body in the personal custody of the villagers, she had come to the P. S. for lodging the report.

(3.) SRI Uma Kant Sachan, I. O. , P. W. 7 was present at the time of registration of the case. The chik report bears his signa tures. He took the investigation in his hands immediately and interrogated Smt. Vidyawati, complainant and SRI Satya Narain. Smt. Vidyawati had injuries on her person. Therefore, she was directed for medical examination and the I. O. started for the place of occurrence at about 5. 30 a. m. There he found the dead body of Ram Ratan lying on a cot and he took the same in his possession and after appointment of Panchas, be held an inquest thereon (Ex hibit Ka 2 ). Thereafter, he got the dead- body sealed and reported the matter for post-mortem examination alongwith other relevant documents through Con stable SRI Kamla Kant and Chowkidar SRI Ram Prasad. Thereafter, he inspected the spot and prepared the site-plan. He took into possession the Kathari lying upon the cot of the deceased soaked with blood. He collected the blood-stained and simple earth from the spot and after keeping and sealing them in separate containers, prepared memos for that. The blood stained Small from the cot upon which the deceased was lying, was taken (some pieces) and he prepared memo for that, after sealing the same. He found one bam boo ladder inside the inter courtyard and after taking the same into possession, he prepared the Supurdiginama (Exhibit Ka 3 ). He also collected the lamp (Chirag) and after sealing the same, he prepared the memo for the same. He also examined the torch of SRI Satya Narain and after finding it in proper working order, he prepared a memo for that (Exhibit Ka 5 ). The sealed articles were later on despatched to the Sadar Malkahan through Constable SRI Govardhan. He also interrogated Smt. Janaki, Ram Ashrey, P. W. 2, Moti Lal, P. W. 3 and others. On the same day around p. m. he arrested the accused Chandrika Prasad at a distance of about 8 Kms. from the place of occurrence and recovered from his possession, one gun and three life cartridges. He got them sealed and memo was prepared. Accused Ram Baran sur rendered in the court on 4-12-79. After interrogating him, he concluded the inves tigation and submitted a charge-sheet (Ex hibit Ka 19 ).