SHYAMA CHARAN SRI RAM SARAN Vs. STATE

JUDGEMENT

(1.) THIS is a Jail appeal by Shyama Charan (40), resident of village Malhpur Kaurha, Police Station Kant, district Shahjahanpur, against his conviction under Section 302, I. P. C. by the Sessions Judge, Hardoi. He has been awarded death penalty. The Sessions Judge has also made the usual reference for confirmation of the death sentence. Since this was a capital sentence case, and the appellant could not afford to engage a counsel, Shri J. N. Misra was appointed amicus curiae to represent him. We have heard Shri Misra for the appellant and the Assistant Government Advocate for the State.

(2.) SHYAMA Charan appellant is a Sadhu. He probably belongs to the sect of 'dandi Sadhus' who carry a stick with them which is regarded sacred. The case of the prosecution in short was, that on 29th May, 1967 at about 3 P. M. he visited village Mahmudpur, police station Pali, district Hardoi. When he was going on the village pathway he passed through a chabutra which was situated close to the chaupal, which belonged to one Mathura Singh. Srimati Bitta a widow (sister of Mathura Singh), was sitting in that chaupal and talking to her son Mahesh Pal, aged about fourteen years. She had come to the village only a few months ago, from her late husband's place Ramapur. Mahesh Pal had come that very morning to take her back home. She, however, deferred the departure for a couple of days. When they were busy chatting in the chaupal they saw Shayama Charan appellant. He went there and sat at the door of the chaupal. Srimati Bitta and her son on seeing the Sadhu respectfully wished him with the usual words 'siya Ram'. To their utter surprise, they found that the appellant did not like that form of greeting and completely lost temper. He remarked, 'why do you wish with the words "siya Ram". Do you not know their misdeeds (referring to 'sita' and 'ram' ). Ladies like you were a disgrace to the country. Would you die, if instead you used the words ''namo Narayan". ' Srimati Bitta could not tolerate those disrespectful remarks for Sita and Ram who among the Hindus are normally regarded as the incarnations of God. She immediately retorted "what type of Sadhu you are, when you are talking in these terms, are you a Sadhu or an imposter. I shall call my men who will take you to task". With these words, she got up and came out of the chaupal. While going she also kicked the stick which the appellant was carrying. When she was going through the pathway towards the house of her brother Mathura Singh which was situated about 10 paces from there, Shyama Charan also got up and took out a knife from his jhola which he was carrying and chased Srimati Bitta. He threw her on the ground, and by sitting on her chest showered knife blows on vital parts of her body. The boy Mahesh Pal saw the entire incident from the chabutra like a helpless spectator. He raised an alarm and a number of persons from inside the house of Mathura Singh and others arrived there. Thereupon the assailant took to his heels. He was chased, overpowered and arrested. He was also dispossessed of the knife and was taken to the chabutra. The victim succumbed to her injuries on the spot.

(3.) MAHESH Pal and his cousin Om Pal went to the police station where the former lodged the report Ext. Ka-1 at 6. 30 P. M. (The distance of the police station from the scene of occurrence was about eight miles ). Head Constable Mobin Ahmad P. W. 4 recorded the report. A case was registered under Section 302 I. P. C. vide extract from the general diary report Ext. Ka-3. At the time of making of the report no Sub-Inspector was present at the Thana. Constable Dhani Ram was deputed to convey the information to Sub-Inspector Chandrapal Singh, who was at Chowki Panch Deura. Head Constable Mobin Alimad himself went with some constables to village Mahmudpur. They reached there at about 10 P. M. The dead body of Srimati Bitta was found lying in the galiyara and a number of villagers were watching it. Shyama Charan appellant had also been detained there by the villagers. The Head Constable prepared the inquest report Ext. Ka-4. After the necessary formalities he despatched the dead body of Srimati Bitta through Constable Ziledar Singh P. W. 3 for post mortem examination to Fatehgarh. (It was sent to Fatehgarh and not to Hardoi, because it was nearer from village Mahmudpur ). Sub-Inspector Chandrapal Singh P. W. 5 also returned early next morning. He recovered the sacred stick Ext. 1, knife Ext. 2 and jhola (not exhibited) under the memos Exts. Ka-8, Ka-9 and Ka-10. These articles were duly sealed at the spot. The sub-Inspector also collected plain and bloodstained earth from the scene of occurrence under the memo Ext. Ka-11. After inspecting the locality he prepared the site plan Ext. Ka 12. He also interrogated the witnesses.