GOTI RAM Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Mewa Lal Shukla, Amicus Curiae, for the appellant and Sri Brijesh Kumar Yadav, AGA, for State of UP.

(2.) Goti Ram (the appellant) has filed the present appeal from his conviction and sentence passed by Sessions Judge, Jhansi by judgment dated 11.1.1990, in S.T. No. 100 of 1988, State Vs. Goti Ram (arising out of Case Crime No. 92 of 1988, under Section 302 IPC, P.S. Moth, Distt. Jhansi), convicting him under Section 302 IPC and awarding sentence of imprisonment for life.

(3.) On the complaint (Ex-Ka-1) of Kallu (PW-1), FIR (Ex.Ka-3) of Case Crime No.92 of 1988, under Section 302 IPC was lodged on 25.06.1988 at 8:00 AM at P.S. Moth, Distt. Jhansi by Constable Baldeo Singh (PW-5). The fact as disclosed in the complaint that Kallu , the first informant is son of Sari Nai, resident of village Nandpura, P.S. Moth, Distt. Jhansi. At that time, he was residing at dharmshala of Ambika Prasad. Goti Ram son of Sari Nai is elder brother of the first informant, who married to Smt. Bhagwati, 30 years ago. Out of said wedlock, there were one son and four daughters of Goti Ram. 4-5 years ago, his brother Goti Ram had become impotent as such his sister in law Smt. Bhagwati had got her vasectomy and she had made relation with the first informant. They had also performed court marriage and were living together as husband -wife due to which his brother Goti Ram was keeping enmity in his mind. On 24.6.1988 at 4:00 PM in the evening, Goti Ram threatened his wife to murder her as she had married to another man during his life time. On 25.6.1988, at 5:00 AM his wife Bhagwati and her daughter Sadhna were sitting at the chabutara of Lalloo Raja beside dharmshala. He was returning after easing and when he reached his house, he saw that his brother Goti Ram armed with chhura ran towards his wife Bhagwati and said that he would not spare her alive and caused chhura injury in her neck. Thereafter , he ran away towards narwa. When her wife Bhagwati and her daughter Sadhna cried then he , Lalloo Raja (PW-3) son of Godan and Biren (PW-2) son of Nune came there. They chased Goti Ram but could not apprehend. After some time, his wife Bhagwati died and her dead body was lying on the chabutara.