JAGDISH Vs. STATE

JUDGEMENT

(1.) BOTH these ap peals having arisen out of the common judgment dated 7-7-1997, passed by IV Additional Sessions Judge, Raebareli, are taken together for disposal. The appel lants of these appeals, namely, Jagdish and Smt. Rajpata are husband and wife, both residing in village Pandwan Ka Purwa, P. S. Deeh, District Raebareli. They were con victed under Sections 302 and 201, IPC read with Section 34, IPC and sentenced to undergo life imprisonment and two years rigorous imprisonment respectively. Fine was also imposed under both the counts whereas a fine of Rs. 2000 each was slapped under Section 302, IPC, or nominal fine of Rs. 500 had been levied under Section 201, IPC. In default of pay ment of fine, combined rigorous imprison ment for one year was awarded to the accused appellants.

(2.) IN short, the facts giving rise to these appeals may be narrated as below: The complainant Smt. Lakhu, wife of Radhey Shyam deceased lodged a report on 19-10-1995 at 7 p. m. with the police of P. S. Deeh, district Raebareli with the allega tions that a few days before the occurrence she had gone to her paternal house. On her return on 19-10-1995 to her matrimonial home in village Khetaudhan, she found her husband Radhey Shyam not available at her house. She searched for him in village and enquired his whereabouts from the villagers. She then asked from the ac cused appellants Jagdish and Rajpata but they made one excuse or the other and did not disclose anything about Radhey Shyam. From the disclosures and utteran ces of these two accused, Smt. Lakhu suspected something fishy in the bottom and, therefore, she complained about their abnormal behaviour to villagers Babban Pasi, Sankatha Prasad and Sarvesh Kumar. All these persons interrogated the two appellants and on being concerned. Jag dish confessed that he and his wife had killed Radhey Shyam as he was having illicit relations with Smt. Rajpata. They also admitted that they had buried the dead-body of Radhey Shyam in the Kothari of their dilapidated house of vil lage Khetaudhan. Smt. Lakhu got a report drafted by village Pradhan and accom panied with some villagers went to the police station and submitted her report. The police registered a case under Section 302/201, IPC. The Station Officer of Deeh police station, namely, Fakhar Saeed Jafri had taken for himself the task of investiga tion and immediately had, on wireless set informed, his higher authorities including the Sub-Divisional Magistrate of Salon Sub-Division and requested him to reach the village Khetaudhan. Thereafter he proceeded to the aforesaid village and on his way, arrested the accused Jagdish and Smt. Rajpata from Veer ganj market. During their interrogation, both the ac cused confessed to their crime of having killed Radhey Shyam. Accused Jagdish disclosed that Radhey Shyam was having illicit relationship with his wife Smt. Raj pata. He, therefore, prepared a plan to eliminate the deceased. As per their plan, Rajpata as a bail went to the house of Radhey Shyam on the night of October 16,1995 and brought him with her to their house. Soon after his arrival there, the accused executed their plan and Smt. Raj-pataslit Radhey Shyam's throat by causing a knife injury around his neck. The accused then buried his dead-body in a pit dug by them in their dilapidated house. The IN vestigating officer took both the accused to the site where the dead-body was lying buried and in presence of the villagers as also the Sub-Divisional Magistrate Salon who had arrived there by then, got the deceased exhumed. Site-plan Ext. Ka-3 was prepared accordingly. The recovery memo (Ext. Ka-4 was also prepared by the INvestigating officer at the instance of the Sub-Divisional Magistrate. Thereafter, Jagdish who was in police custody, ex pressed his willingness to hand over to the police the knife by which Radhey Shyam was killed. The INvestigating officer and other police personnel alongwith some villagers accompanied Jagdish to the latter's house, from where he had brought out knife, material Ext. 1. Site-plan Ext. Ka-5 was prepared by the INvestigating Officer. INquest report Ext. Ka-10 was also prepared by the INvestigating Officer. The body was then sent for autopsy whereas the accused were lodged in the lock-un. . After interrogating all the relevant witnesses of this case, the INvestigating Officer sub mitted the charge-sheet Ext. Ka-7 against the accused.

(3.) THE defence version was that of denial. Both the accused pleaded not guilty and stated that they had been falsely impli cated in this case on account of the rivalry with the villagers including Smt. Lakhu. THE deceased's aunt Sundara and her son had stolen away Dhannis of their village house (wooden logs used in villages for construction of roofs) which was virtually a Khandahar as none was living there. Since this house had been abandoned long before, its roofs and walls had collapsed anybody could have access to it. Smt. Lakhu desired to purchase that house but the accused refused to oblige her. In this background, the accused were falsely im plicated by Radhey Shyam's widow.