MUNNAL LAL Vs. STATE OF U P

JUDGEMENT

(1.) MR. Justice Alok K. Singh 1. Under challenge in this appeal is the judgment and order dated 06. 09. 1988 passed by Sri K. M. Chaturvedi, the then Special Judge, Unnao convicting the appellant Munnal Lal under Section 302 I. P. C. and sentencing him to undergo imprisonment for life and further convicting him under Section 201 I. P. C. and sentencing to undergo four years rigorous imprisonment. Both the sentences of imprisonment were directed to run concurrently.

(2.) BRIEFLY stated the facts of the case, as born out from the lower court record, are that on 26. 07. 1986 Smt. Ram Pyari widow of Puttu Lal resident of Mohalla Topkhana, Town Miyanganj, Police station Asiwan, District Unnao got a hand written report scribed by one Prem Shankar Shukla son of Ram Shankar resident of village and police station Asiwan, district Unnao and after putting her thumb impression, she lodged the report at police station Asiwan at 3. 15 p. m. saying that about seven years before, she had solemnized the marriage of her daughter, Deshpati with Munna Lal (convict) son of Radhey Shyam resident of Mohalla Mahaveer Prasad Dwivedi Nagar, police station Juhi, Kanpur. Since then her son-in-law Munna Lal was living with her and used to run a medical clinic which was yielding good income. But for the last one year, the business of medical clinic became standstill due to which the financial position of her son-in-law became very bad. In half portion of her house one Ram Karan Tiwari, who is an employee in the Electricity Department used to live as tenant along with his family. On 26. 07. 1986, at about 2. 30 p. m. , the complainant's son-in-law confined himself, his wife, daughter Indresh and minor son Bholu in a Kothari and latched it from inside and then he started beating his wife Smt. Deshpati. On her shrieks, the first informant, her daughter-in-law Smt. Maha Dei widow of Rajjan Lal and her son Saket Kumar and Smt. Rani Devi wife of Ram Karan Tiwari rushed to the spot and dashed at the door of the Kothari but it was bolted from inside. Then, the first informant saw through eastern grating that the convict was beating her daughter with iron pipe (Fukni) and Silbatta (made of stone ). On their raising alarm Bhaiyya Lal Gupta son of Gopi Nath Gupta, Shiv Balak son of Moti Yadav, Laxmi Chand son of Mool Chand Gupta, Shabbir Ahmad son of Abdul Hasan, Zahir son of Hamid and Kamlesh Kumar Gupta son of Ram Swaroop Gupta, all residents of Mohalla Topkhana Town Miyanganj and several other persons reached at the spot and tried to get the door opened but without any success. Meanwhile, her son-in-law killed his wife, Deshpati, daughter Indresh and minor son Bholu and after pouring kerosene oil from the containers kept in the room and putting clothes over the three dead bodies, set the bodies on fire to cause to disappear the evidence of commission of aforesaid tripple murder and to screen himself from legal punishment. The aforesaid witnesses threw water from grating of the room but all in vein. While all the persons reaching on the spot had surrounded the room from all the sides the appellant Munna Lal kept on concealing himself inside that room. On the basis of this written report a case was registered at 3. 15 p. m. at Crime No. 131 of 1986, under Sections 302/201 I. P. C.

(3.) ON the body of Bholu following ante mortem injury was found:- (1) Contusion 8cm. X 4cm. , on left occipital parietal region of scalp,oblique, starting from left ear to back of occipit. Four post mortem burn injuries were also found on his body. The cause of death in this case also was found to be COMA on account of ante-mortem head injury.