- (1.) THIS is an appeal against the judgment and order, dated January 15, 1983 passed by Sri Daya Shankar Misra, Vth Additional Sessions Judge, Gonda convicting Ram Raj appellant and sentencing him to imprison ment for life under Section 302, I. P. C. and to rigorous imprisonment for two years under Section 404, I. P. C.
(2.) THE appellant Ram Raj was charged at the trial firstly, under Section 302, I. P. C. for committing the murders of Kandhai and Dukkhi by mixing poison in the food at his residence in village Sheonath Purwa hamlet of Shahjawa, Police Station Paraspur, District Gonda, in the night of February 3, 1981 ; secondly under Section 404, I. P. C. for taking out a sum of Rs. 224 from the pocket of the deceased Dukkhi on the same date, time and place and committing criminal misappropriation in respect of the same and thirdly, under Section 201, I. P. C. for causing the dead bodies of Kandhai and Dukkhi to disappear on the same date, time and place. The prosecution examined 17 witnesses for proving the charges framed against the appellant. The case which has been unfolded against the appellant may be described as follows. Dukkhi deceased was the son of Polar and resident of village Lohampur. He was married to the sister of P. W. 6 Babadin who is resident of village Jarauli Police Station Paraspur, District Gonda. Dukkhi deceased had two sons, namely, Kandhai deceased and P. W. 7 Gauri Shankar. The letter, namely, Gauri Shankar is alive and is said to be mentally deranged. Kandhai deceased was married in 1974 to Mangal, daughter of Muni Lohar. However, there was separation, three years after marriage, between the two and Kandhai was living separately because his wife was not good character. Both Dukkhi and Kandhai were living at Lucknow in Mohalla Shafdarbagh (House No. 104/68 ). Dukkhi was engaged in the work of grass-cutting and Kandhai was doing the work of kite-making. P. W. 9 Gangadin who is a resident of Lucknow carried on the work of grass-cutting. In 1981-82, P. W. 9 Gangadin, his sister's husband Jangli and Dukkhi deceased had taken a Theka of grass-cutting in the New Court Compound (Nayee Kucheri) of Lucknow. Ram Raj, appellant also used to go with Dukkhi for grass cutting. The appellant used to tell Dukkhi that there was a woman in his village who had left her husband and the appellant would help in getting her married to Kandhai. This proposal was acepted by Dukkhi.
(3.) IT is stated that on December 3, 1981, Dukkhi and Kandhai deceased accompanied by Ram Raj appellant and P. W. 7 Gauri Shankar left Lucknow by train at about 12 O'clock in the day. Dukkhi had purchased a pair of lady's sandle a day earlier from Aminabad. Kandhai purchased four tickets from N. E. R. at the Railway Station. The railway tickets were for journey from Lucknow to Colonelganj. He gave one ticket to the appellant, kept one ticket with himself and gave the remaining two tickets to Dukkhi. All the above named four persons were seen off by P. W. 9 Gangadin at the railway station and were not seen alive thereafter. At the time of departure Dukkhi had informed Gangadin that he would come back after two or four days. On December 4. 1981 two dead bodies were found in Chandha Nala which was situated at the southern side of village Doma Kalpi, Police Station Kotwali (Dehat), District Gonda. The Nala was at a distance of about half a kilometer from the village Abadi, P. W. 8 Onkar Singh had gone to see his field which was near the Nala. He later became Pradhan of village Doma Kalpi. He went to P. W. I Jag Prasad Chaukidar of the village and informed him at about 12 or 1 P. M. that two dead bodies of male persons had been found in Chandha nala. P. W. 1 Jag Prasad came to the spot and found that several persons of the village had collected there, but none of them was able to identify the dead bodies. One of the dead bodies was of an aged person and the other was of a young person. Jag Prasad fou id, on search of the dead body of the young person, one Parcha one railway ticket from Lucknow to Colonelganj and a sum of Rs. 171 consisting of a Currency Note of Rs. 100 aad some other Currency Notes. Jag Prasad took these articles in his possession and proceeded to the Police Station.;