RAM CHANDER NAIE Vs. STATE OF U P

JUDGEMENT

(1.) INSTANT criminal appeal has been preferred against the judgment and order dated 10.1.1997, passed by Additional Sessions Judge, Ist, Sonbhadra in Sessions Trial No. 24 of 1995, State v. Ram Chander and Prabhawati Devi, thereby convicting and sentencing the appellants under Section 302, I.P.C. read with Section 34, I.P.C. for life imprisonment.

(2.) PROSECUTION case in nutshell is that P.W. 1 Nagendra Prasad Jaiswal, son of Rajaram Jaiswal got the F.I.R. registered on 30.11.1994 at 12.15 p.m. regarding occurrence dated 30.11.1994 at about 10.30 a.m. in the concerned Police Station, Chopan district Sonbhadra against both the above appellants by stating that one Bhola, son of Rachik Naie of his village served at Lucknow. His sons namely Ramdhani and Ram Chander (present appellant) also lived with him at Lucknow. Appellant Ram Chander was a man of criminal nature. He used to roam in the village showing knife to the people and claimed to be a goonda of Lucknow. Ram Chander accused had demolished 'Mend' of the field of informant ten days prior to the incident, due to which, the informant had scolded him at that time. Consequently he became angry. One day before the occurrence at about 8 a.m., Ram Chander and his mother Prabhawati Devi (both appellants) had arrived at the house of informant and his wife Smt. Sheela Devi was abused on the ground that they were defamed by her, upon which they were scolded by her and Ram Chander (appellant) was beaten with slippers (chappals) two times by her. Thereafter, both the appellants went away from there abusing informant's wife and giving threatening to face dire consequences within 24 hours. It is alleged that on 30.11.1994 at about 10 a.m., Smt. Sheela Devi, (deceased) alongwith her daughter Km. Archana (P.W. 3), Km. Sangeeta, daughter of Baijnath and Smt. Reeta daughter of Bhola Gupta had gone to take the bath in the river Durhul. At about 10.30 a.m. the informant and Tribhuvan (P.W. 2), and Tulsi Prasad (P.W. 4) of his village were also going to take bath in the said river and when they reached near the river, they saw that Ram Chander appellant was assaulting and inflicting knife injuries to Smt. Sheela Devi and his mother Prabhavati Devi was catching hold hairs and hands of the deceased. On this, they challenged both the accused persons. Thereafter, they fled away from there towards the east through the path-cover of hill. When they reached at the ghat of river, they saw that wife of informant had died due to sustaining injuries and her dead body was lying in pool of blood. All the three girls were weeping and they told that both the accused persons had killed the deceased. They also told that when they wanted to run away from there, the appellant Ram Chander had extended threatening not to go anywhere otherwise they would also be killed. Thereafter, several persons also assembled there after the incident.

(3.) THEREAFTER, Ram Chander accused admitted his guilt after his arrest and blood stained knife was also recovered at his pointing out which was thrown in the back side of the hill. The said knife was sealed in one bundle and its fard Ext. Ka-13 was prepared.