PANCHHI AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) APPELLANTS Panchhi, Manmohan and Smt. Ram Shree have preferred this Appeal against their convic­tion under Section 302, read with Section 34, IPC and death punishment awarded by the Additional Sessions Judge Mahoba in ST No. 47 of 1991 vide and order dated 3-3-1997 for having in ordered Bankey Lal, his mother Smt. Halki and wife and daughter Smt. Pan Kunwar and Km. Sonu on 26-10-1989 at 11.00a.m. in village Tingara Police Station Mahoba district Hamirpur.

(2.) THE brief facts of the case which emerge out from the FIR Police papers and other evidence on the record are that the accused persons were the next door neighbour of the deceased persons. Ac­cused Panchhi is the father of Manmohan and Smt. Ram Shree. There was yet another accused Smt. Kalia wife of Panchhi. She died during the trial. Before 12 or 13 days of the occurrence, wife of deceased Bankey Lal was beaten by the wife and daughter of Panchhi. After this, deceased Bankey Lal and his wife had beaten Smt. Ram Shree. Due to this enmity, accused Panchhi, his wife Smt. Pan Kunwar, his mother Kalia and his son Manmohan attacked the house of the deceased persons on 26-10-1989 at 11.00 a.m. Smt. Kalia alias Ram Kali was armed with Hasiya while the other accused per­sons were armed with Kulahri. They entered the house of the deceased persons and started assaulting Bankey Lal Bankey Lal cried whereupon his mother in Halki rushed to save him. The accused persons started assaulting her also with their respective weapons. The wife of Bankey Lal went outside the house and raised hue and cry for help. After having assaulted Bankey Lal and his mother in­side the house, the accused persons came out of the house and started assaulting Smt. Pan Kunwar at the Chabutra. Km. Sonu the daughter of Bankey Lal started weeping bitterly and she was also killed by the accused persons. Having heard the alarm, the village people rushed to the spot to save them but the assailants told them that if they interfered, they would meet the same fate. Ram Khelawan son of Bankey Lal some how escaped and ran towards the village and the village people saved him. The victims were being killed but no body dared to save them.

(3.) , S.I. Vijai Singh took the investiga­tion in his hand and reached village Tin­gara. He recorded the statement of the Chaukidar. As it had become dark, the Investigating Officer could not inspect the spot. The next morning at the pointing of the informant, he inspected the place of occurrence and prepared the site-plan. He found two dead bodies at the Chabutra and two dead bodies in the house of the deceased. He took blood stained and simple earth. He recorded the statement of Shambhu Dayal(PW-5), an eye-witness. He prepared the inquest report, challan lash, photo lash, and letter to the CMO in respect of all the four dead bodies and sent them for postmortem examination. He arrested Smt. Ram Shree and Kalia alias Ram Kali on 27-10-1989 at 4.15 p.m. and on their pointing, the Investigating Officer recovered Hansiya and Kulahri used by them. He also took the clothes of the ac­cused persons in his possession, which were blood stained. He inspected the spot from where the recovery was made and prepared the site-plan Ext. Ka-33. Ac­cused Panchhi and Manmohan sur­rendered in the court. The Investigating Officer took them into police custody through Court and on the pointing of these two accused persons recovered Kulahris used by them in the commission of the crime and prepared Fard Ka-35. After the investigation was complete, the Inves­tigating Officer submitted the charge-sheet in the court.