RAM SAMUJH Vs. STATE OF U.P.

JUDGEMENT

(1.) Impugned herein is the judgement and order dated 2.3.2009 rendered by Addl. Sessions Judge Court no.6 Allahabad (Court No. 6) in S.T. No. 393 of 2007 State Vs. Ram Samujh and others whereby the appellant was convicted under Sec. 302 Indian Penal Code and punished with death penalties together with a fine of Rs. 5000.00 attended with their conviction under Sec. 201 Indian Penal Code and sentence of imprisonment for seven years.

(2.) It would appear from the record that the initial report was made by Ram Nath, father of Ram Samujh on 11.9.2006 at 9.30 a.m to the effect that Urmila and her daughter Soni had gone for easing themselves in the morning and when they did not return, search was made and after assiduous search, their bodies were noticed to be floating in the village pond at about 7 a.m. It is further stated in the report that it appeared that the deceased Urmila slipped into the pond while cupping her hands for water from the pond for washing. The information was noted in G.D report no. 15 at 9.30 a.m and the police party rushed to the spot and fished out dead bodies from the pond and thereafter, prepared panchnama which commenced at 9.30 a.m. Subsequently, the bodies were sealed and sent for post mortem examination. On objection being raised by the Medical officer to the effect that the inquest report had not been processed by a Magistrate, the Station officer Baharia took steps and made request to Sub Divisional officer Phulpur to do the needful. The S.D.M acting on the request, deployed Tileshwar Prasad Naib Tahsildar on 13.9.2006 for preparing the inquest and on direction of the S.D.M the Naib Tahsildar visited the mortuary and prepared the inquest report. In the inquest report, he mentioned the factum of autopsy being conducted by a panel of two doctors. The autopsy on the dead bodies as it would appear was done by a penal of two doctors.

(3.) In the post mortem report of the deceased Urmila Devi, the Doctor found ligature mark all over neck of the dimension of 33 cm x 1 cm. The Doctor opined that causative factor of the death was strangulation. On the body of deceased Soni, the Doctor found ligature mark 22 cm x 1 cm. The Doctor opined that the death was as a result of strangulation.