BABU LAL Vs. STATE OF U P

JUDGEMENT

(1.) N. S. Gupta, J. Here is an unfortu nate man Babu Lal named above who was convicted under Section 302, IPC and was scntneced to death for committing grue some murder of. his own wife, minor daughter aged about 13 years and minor son aged aout 15 years, on 12-1-94 at about 2-3. 00 a. m. in village Dongra Kalan. police station Narhat, district Lalitpur. The Sessions Judge, Lalitpur sub mitted the record of the case before this court for the confirmation of the death sentnece awarded by him to the accused appellant vide his order dated 27-1-98. The accused appellant feeling aggrieved by the said judgment and order of conviction has come up in appeal before this Court.

(2.) IT appears that the accused appel lant was a poor man. He was having a large family to support consisting of his wife, five sons and two daughtes. He was residing in village Dongra Kalan where his brother Kanchedi (PW-5) was also residing. He too was a poor labourer, but was having a large family consisting of six sons and four daughters. The accused ap pellant was having a small house consist ing of two rooms, a kitchen, a court-yard made of Khaprail and a pacca Kothri in the said village. On the fateful night of occurrene the accused appellant, his daughter Suman (deceased) and son Sunil were sleeping on the ground in one room. In another room his son Rakesh (deceased) Suresh, Naresh and daughter Sandhya were sleeping. There was a door in be tween these two rooms. A lantern was burning therein. His wife Smt. Leela was also sleeping. At about 2. 3 o'clock in the morning on 12-1-94, accused appellant and his wife were talking together in con nection with some documents about which they started quarelling. With the result that some of his children who were sleep ing in the two rooms also got up, The ac cused appellant took out a sword from inside his house and assaulted his wife Smt. Leela by means of the same and killed her. He then killed his daughter Suman and son Rakesh. He also attempted to kill his other children who covered themselves with Razai and escaped. On the next day in the morning Dinesh (PW-2) who was the son of the accused appel lant narrated this incident to his uncle Kanchedi (PW-5) who got a report Exh. Ka-1 about this incident written and lodged the same at the police station Narhat on 12-1-94 at about 10. 30 a. m. The police station Narhat lays at a distance of about 13 kilometre from the place of oc currence.

(3.) SUBSEQUENT investigation into the matter was conducted by S. I. Harihar Ram, the then S. H. O. Narahat w. e. f. 29-1-94. He recorded the statement of Kanchhedi. Parvat, Chhuttan. Naththu, Suresh Kumar, Kanhai, Daya Ram, Gayasi, Sobhran Singh, Ramkishan, Halke, Jangali, Shankar, Khilley, Magan, Prasad, Con stable Ganga Charan and constable Tirathraj Singh. He inspected the spot from where the sowrd used by the accused in the occurrence of this case was recovered on 30-1-94 and prepared site plan Exh. Ka 30 about the said place. He inspected that place from where the blood stained clothes of tbc accused appellant were recovered and prepared site plan Ka-31. He des patched the blood stained clothes and sword for cxaminationa and report by the Chemical Examiner and after concluding bis investigation submitted charge sheet Exh. Ka 32 against the accused appellant.