PANCHHI Vs. STATE OF UTTAR PRADESH

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 S. T. No. 47 of 1991 vide judgment and order dated 3-3-1997 for having murdered Bankey Lal, his mother Smt. Halki and wife and daughter Smt. Pan Kunwar and Km. Sonu on 26-10-1989 at 11.00 A. M. in village Tingara Police Station Mahoba district Hamirpur.

(2.) The brief facts of the case which emerge out from the F.I.R. 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 Hansiya 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 Smt. 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 Banky 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.) Ghanshyam Chaukidar (P.W. 2) was informed about the occurrence by the villagers. He went to the Police Station and lodged the F.I.R. on 26-10-1989 while the police station was at a distance of 7 miles from the place of occurrence. Looking to the fact that there was murder of four persons and Ghanshyam Chaukidar was an outsider, the F.I.R. lodged by him cannot be said to be delayed. It may be taken to be prompt one. The original F.I.R. is Ext. Ka-1, which he had verbally dictated at the police station.