RAM CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Rastogi, J. This is an appeal against the judgment and order dated 7. 4. 1995 passed by Sri Riyajuddin then learned XIIIth Additional District and Ses sions Judge, Ghaziabad in Session Trial No. 627 of 1994 Stale v. Ram Chandra.

(2.) THE facts relevant for disposal of this appeal are that on 12. 8. 1994 at 3. 20 A. M. Sri Ninami Singh resident of Nai Basti, Sikandarabad, Bulandshahr lodged a FIR at P. S. Dhaulana, Ghaziabad with these allegations that the marriage of his daugh ter Surajwati had taken place with the ac cused Ram Chander resident of Mathurawali, P. S. Dhaulana, District Ghaziabad about 15 to 16 years ago and three daughters and one son were born out of this wedlock. THE age of the son was about five years. Surajwati along with her children was residing with Ninami Singh for the last four to five years. About two months ago, Ram Chandra came to his house and took his son Rahul with him stating that he was taking Rahul for treat ment. He returned back after eight days and disclosed that Rahul had died in an accident. Ninami Singh etc. had suspicion upon his statement so he made inquiries and came to know that Ram Chandra had developed illicit relations with a Punjabi lady. THEn Suraj Pal son of Ninami Singh lodged a report against Ram Chandra and in respect of the above incident. Ram Chandra remained in jail for about one month in that case. About seven days ear lier, Ramesh brother of Ram Chandra and Bhuri sister of Ram Chandra came to his house and took Surajwati with them. Ram Chandra was doing sewing work in Delhi. He had come to village Mathurawali from Delhi and on account of enmity of this fact that he had to remain in Jail, he started to beat Surajwati. On 11. 8. 1994 in the morn ing, Geeta daughter of Surajwati gave in formation to Satte resident of Mathurawali that Ram Chandra had beaten Surajwati and her condition was serious. On receiv ing this news Ram Das nephew of Ninami Singh went to Mathurawali and saw that Surajwati had injuries on her body and she was sighing. When he enquired from Ram Chandra in this regard. Ram Chandra re plied that it was their internal matter and so he should not interfere. THEn Ram Das returned back to his house at about 4. 00 P. M. leaving Surajwati at the house of Ram Chandra. THEreafter Har Pal and Mahesh resident of Mathurawali at about 9. 30 P. M. informed Banshi resident of Jainpur P. S. Kotwali Dehat, Bulanshahr that Surajwati had been murdered at about 6. 30 P. M. and Banshi communicated this news to Ninami Singh. THEn Banshi along with his family members and neighbours went to village Mathurawali on a Tractor. He saw that the dead body of Surajwati was being burnt in the graveyard (Marghat ). In this way Ram Chandra had murdered his wife Surajwati and had burnt her dead body. THEn he went to the police station and lodged the report.

(3.) MAHESH has been examined exam ined as P. W. 2. He has stated that on 11. 8. 1994 he had heard cries from the house of Ram Chandra and then he went to that place and saw that the door was closed from inside and Surajwati was crying "mujhe Bachao" inside the house. He tried to get the door opened but Ram Chandra did not open the door. After a lapse of some time, Ram Chandra came out of the house and he suited that he had murdered his wife. Then he went inside the house of Ram Chandra and saw that there were a large number of injuries upon the face and legs of Surajwati and she had died. Then he started to go to her parent's house to give information of this incident but her father and others met him on the way. Then he returned back with them. But in the mean time. Ram Chandra had burnt the dead body of Surajwati.