KATESHWAR Vs. STATE OF U P

JUDGEMENT

(1.) V. P. Mathur, J. The three appellants namely Kateshwar, Abhinandan and Rajeshwari are very closely related to each other. The first two are real brothers sons of Gaya Prasad. The third Rajeshwari is their nephew. Mr. S. N. Mishra, the then and Additional Sessions Judge of Basti has by his judgment and order dated 13-6- 1973 convicted Kateshwar and Abhinandan on a charge under Sections 302/34,i. P. C. and sentenced each one of them to imprisonment for life. Rajeshwari was found guilty for the offence punishable under Section 302,i. P. C. simpliciter. He was also accordingly convicted and sentenced to imprisonment for life. All the three have now come up before this Court through this appeal.

(2.) THE following pedigree set up by PW 1 Murli and not disputed by the defence, will be relevant for a proper appreciation of the facts of this case : Kalpi Pratap Sheopal Dhanpal x Gaya Prasad Jasai Kateshwar Abhinandan Raghunandan Achhaibar Smt. Dukhna (appellant No. 1) (appellant No. 2) / -wife (daughter) Rajeshwari (Smt. Bhanumati) Married to (appellant No. 3) PW 1 Murli THE deceased of this case is Smt. Bhanumati and the charge against the appellants are in respect of her murder, which allegedly took place on 13-2-1971 at 5p. m. in villages Basdilia which lies within the area of police station Dumeriaganj. District Basti. THE first information report was lodged by Murli (PW 1) at 10. 10p. m. in police station Dumeriaganj, which is eight miles away from the scene of occurrence.

(3.) IT is contended that the three appellants of this case were hiding either in the grove of Sriram Kurnai or in the arhar field of Kallu which is just adjacent to Sriram's grove and when Smt. Bhanumati along with PW t Murli, PW 2 Tirath Singh and PW 3 Moti Ram was passing through the kachcha rasta leading to Basdilia, they suddenly emerged out and encircled her. Appellants Kateshwar and Abhinandan caught hold of the lady by holding her hands in order to pin her down and Rajeshwari who was armed with a country made pistol fired on her head from behind form a very close range. The effect was instantaneous. Smt. Bhanumati was fatally injured and fell down. The witnesses cried out. Then Moti Singh (PW 4) who had just finished easing himself, rushed. He saw the three appellants running away through the grove of Sriram towards the north east. He found that one of them namely Rajeshwari was possessed of a pistol.