LAWS(ALL)-2018-12-217

RAM KISHUN Vs. STATE OF U.P.

Decided On December 05, 2018
RAM KISHUN Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) This appeal is before us to examine correctness of the judgment dated 15.03.2018 passed by learned Additional Sessions Judge/F.T.C. Ist, Chandauli in Sessions Case No. 57 of 2006.

(2.) Under the judgment impugned, trial Court recorded conviction of accused appellant Ram Kishun @ Ghasi Yadav for an offence punishable under Section 302 I.P.C. and awarded sentence to undergo life term imprisonment with a fine of Rs. 25,000/- and further to undergo six months additional imprisonment in the event of default in payment of fine.

(3.) In brief, the facts of the case are that on 12.04.2005, Ram Kishun @ Ghasi Yadav resident of Kundakhurd, Police Station Mugalsarai, District Chandauli submitted a written report at Police Station Mugalsarai with assertion that he is only son of his parents and is having six sisters. The informant is in service at Nasik and used to visit his house once or twice in a year for a period of a month or two. The younger sister is Urmila @ Sunita aged about 18 years. Urmila used to visit residence of Murari Yadav resident of Tadpar, Police Station Chaubeypur, Varanasi, her brother-in-law with consent of her parents. He came to his home two or three days earlier on the occasion of Holi. He requested her parents Devnath Yadav and Kamli Devi to make efforts for marriage of Sunita but Murari Yadav intervened in the matter with a stand that no marriage of Sunita shall take place. In the evening of fateful day, the informant conveyed his parents that he has identified a boy resident of Village Manjhawa, District Mirzapur for marriage of Sunita but her parents refused for that with a stand that Sunita would live with Murari Yadav and she will not enter in any wedlock. A rumour was also there in the village about illicit relations of Sunita with Murari Yadav and this relation is having consent of her parents Devnath Yadav and Kamli Devi. Being feeling insulted, the informant caused murder of Devnath Yadav and Kamli Devi with the aid of gandasa. The weapon of offence was thrown in a well.