RAVI KARAN Vs. STATE OF U.P.

JUDGEMENT

(1.) By the judgement impugned dated 05.02.1985 learned Sessions Judge, Banda recorded conviction of accused appellant Ravi Karan and Babu Lal for the offence punishable under section 302/34 Indian Penal Code and awarded sentence to under go life imprisonment.

(2.) The prosecution case, in brief, states that Shri Kashi Prasad (P.W-1) submitted a written report at P.S. Badausa on 25.7.1984 that he had gone to another village Musiba to meet his relative where he got an information in the morning of 25.7.1984 (from Ram Bahori of his village), that his son Ram Asrey @ Beer had been murdered. On this information he set out for his village. On reaching his house he saw that his son's dead body was lying on a cot. The deceased's neck was cut and almost severed from the trunk of his body. He asked the deceased's wife Gayatri about the incident but she did not tell any thing. It was asserted that his daughter-in-law Gayatri was having illicit relations with the accused appellants. His deceased son knew about this illicit relationship and had scolded the appellants forbidding them not to come to his house. It was for this reason that the appellants bore enmity with his son and a day earlier, while he (the informant) was away from the village, the accused appellants entered his house and killed his son by axe (kulhadi).

(3.) The First Information Report (Ex- 2) was registered on 25.07.84 at 10.30 a.m. which was registered as case crime no. 110/1984 under section 302 IPC. During the course of investigation the police recovered the axe and blood stained shirts. The police submitted a charge sheet (Ex. kha- 17) on 10.08.84. Although the charge-sheet was submitted against the appellants only under section 302 IPC but the trial court framed charges against them under section 302/34 IPC and tried them for the said charge.