RAJENDRA MUSHAR Vs. STATE

JUDGEMENT

(1.) The instant jail appeal has been preferred against judgment and order dated 19.7.2003 passed by learned Special Judge, Narcotic Drugs and Psychotropic Substance Act (hereinafter referred to as "NDPS")/ Additional Sessions Judge, Jaunpur in Sessions Trial No.265 of 2002 under Section 302 IPC, Police Station-Shahganj, District-Jaunpur, arising out of Case Crime No.238 of 2002 whereby appellant has been convicted under Section 302 and sentenced for life along with fine of Rs.5000/- and in default in payment of fine, he has to undergo further sentence of six months rigorous imprisonment.

(2.) Brief facts of the case as per FIR version is that one Lalta Mushar, real brother of Informant PW-1 Basanta Mushar r/o Takha Paschim, P. S. Shahganj, District-Jaunpur, was residing in his house situated adjacent to Informant's house along with his wife Ramdeiya Devi and daughter Smt. Shobha Devi. Smt. Shobha Devi (i.e. Informant's niece) was married to Rajendra Mushar r/o Sidhari, City-Azamgarh. Rajendra Mushrar had been living in his matrimonial home (Sasuraal) for 5 years. Adjacent to house of Lalta (Informant's brother), Satiram @ Sitaram was engaged in welding work and he was quite familiar with Lalta and his family members. In the night of 2/3.6.2002 between 11-12 PM when Informant's brother Lalta and Satiram @ Sitaram were having meal and Informant's bhabhi Ramdeiya and niece Smt. Shobha Devi were also sitting there, all of a sudden Rajendra Mushar came there with a lathi and assaulted his wife Shobha Devi, as a result whereof, she fell down. When Ramdeiya Devi came to her rescue, she was also inflicted lathi blow on her head. both of them started raising alarm for saving them. In the meantime, accused Rajendra brutally assaulted Informant's brother Lalta and Satiram @ Sitaram to death with stone sil and bricks and thereafter fled away. Incident was witnessed by Informant and several other persons. After informing about the incident to family members of Sitaram @ Satiram at village-Khanuwai, Informant went to police station along with village Chowkidar for lodging FIR, which was lodged at police on the same day i.e. 3.6.2002 at 7.30 AM.

(3.) After registration of F.I.R., usual investigation proceeded and statements of witnesses were recorded. Recovery memos of wine bottle, dibari, torch, ordinary soil, blood stained soil were prepared. Inquest proceedings were initiated and after formal documentation, bodies of both deceased namely Lalta and Sitaram @ Satiram were transmitted in sealed condition to concerned Chief Medical Officer for autopsy, which was conducted and ultimately investigation culminated into filing of chargesheet u/s 173 (2) Cr. P. C. in the Court of Chief Judicial Magistrate, Jaunpur on 29.6.2002.