RAJENDRA Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Rajendra Prasad (27) and Bashiruddin (27) residents of village Moonda Sarkata, Police Station Haiderabad, district Kheri, against their conviction under Section 802 read with Section 84 of the Indian Penal Code, by the Sessions Judge Kheri. Each of them has been sentenced to death. The Sessions Judge has also made the usual reference for confirmation of the death sentence passed by him on the appellants. (This represented appeal was filed on 30th October, 1967. It appears that on 9th November, 1967 the condemned prisoners also preferred appeals from jail, and they were ordered to be connected with the presented appeal, which had been filed earlier ). We have heard the learned Counsel for the appellants and the Assistant Government Advocate for the State.

(2.) BAM Saran deceased (60) was a Brahmin by caste. He was a widower. The only members of his family were his young daughter-inlaw Shanti Devi P. W. 6 who was a widow and his grandson aged about 8 or 9 years. They were living together in village Moonda Sarkata, Police Station Haiderabad, district Kheri. The relations of Bam Saran with Basiruddin appellant and members of his family were strained for some time. Rajendra Prasad appellant was a close neighbour of Bam Saran. Both the appellants were fast friends. They sometimes misbehaved with Shanti Devi. Whenever Ram Saran happened to see it, he reprimanded them. He also asked Rajendra Prasad to give up the bad company of Bashiruddin.

(3.) ON the afternoon of 7th April, 1967, Bam Saran again found both appellants near the door of his house where Shanti Devi was also present. He (Ram Saran) reprimanded them for their misbehavior and in that connection hot words were exchanged. After taking his evening meals, Ram Saran came out of the house as usual and went to sleep on a cot under the thatch (situated outside the house ). His daughterin-law and the grandson slept inside the house. That house was made of tatias (screens of Arhar stalks ).