BRIJ KISHORE Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a matter which concerns the death of one of Rajeshwari, wife of Brij Kishore and daughter-in-law of Basdeo and Smt. Kailasiya which took place in the night between 1st and 2nd of May, 1976 between 12 mid night and early morning hours and a FIR of this occurrence was lodged by Ram Karan Singh, brother of the deceased at 4.15 p.m. on 2-5-1976 at P.S. Lalabli. Prior to that the village chokidar Mahavir had already given an information vide Ex.Ka-2 at 11.00 a.m. on 2nd May, 1976. On the basis of information received from Basdeo about the suicide allegedly committed by Smt. Rajeshwari.

(2.) Briefly stated the facts of the matter are that Smt. Rajeshwari was married, to Brij Kishore about five years prior to this occurrence and they were childless. There is some mention of the fact in the statement of Brij Kishore that she had once aborted. That may or may not be true but it remains that they had to child. Ram Karan Singh (P.W.1) who is the first informant of this case was studying in village Rasoolpur which lies within the area of P.S. Lalauli, District Fatehpur in Bans Gopal Higher Secondary School in class IX and according to his testimony, be was living with his sister and brother in law. The evidence shows that because Smt. Rajeshwari had failed to beget any child, Brij Kishore as well as his parents were very unhappy and their relations with Smt. Rajeshwari were strained One day before this occurrence i.e. on 1st May 1976 during the day Smt. Rajeshwari had complained to Ram Karan that her husband had tried to throttle her but he restrained himself on second thoughts. In the night in question i.e. the night between 1st and 2nd of May, 1976 Ram Karan was preparing for his coming examination and was reading outside the house of Brij Kishore under the light of bulb lighted at the house of Bansh Gopal, who is a cousin brother of Brij Kisliore. One Siya Saran of Rasoolpur had also come to meet Ram Karan and obtain his assistance in purchasing some machinery and he was also present nearyby. It is also contended that there was a Kirtan in the village from where Jagdish was returning and he also lay down near Ram Karan on a separate charpai. At about mid night, there was some sort of a noise coming out from the house of the appellants. Ram Karan got up and tried to get the doors opened. He failed in his attempt. Then he approached Bansh Gopal who went to the door of the house and called Brij Kishore and Basdeo by name and ultimately succeeded in getting the doors opened. White Brij Kishore and Bansh Gopal were still talking, it is contended that Ram Karan and Siya Saran entered the house. They saw Smt. Rajeshwari lying in a half conscious state on the ground in the outer room of the house where she used to sleep with her husband Brij Kishore. She told these two persons that on the pretext that it will help her getting pregnant she had been administered three tablets by Brij Kishore. She also gave out that Brij Kishore had given her a beating. Somehow the matter subsided at the instance of Bansh Gopal, Ram Karan and Siya Saran came out. The door of the house was again bolted from inside and Ram Karan started reading again.

(3.) Early next morning on 2-5-1976 the doors were opened and as usual Ram Karan entered the house and he was startled to see his sister hanging from the peg in the roof trough a rope, the one end of which had been tied to a nail fixed in the all. She was already dead. Ram Karan tried to go to the then to lodge a report but Brij Kishore and Basdeo did not allow him to do so and Basdeo gave out that he was already calling the village Chowkidar and asking him to go and lodge a report about suicide by Smt. Rajeshwari.