- (1.) J. C. Gupta, J. Appellant Lallu has been convicted and sentenced to imprisonment for life under Section 302 IPC by the order dated 24-4-1994 passed by the then Sessions Judge, Agra in Sessions Trial No. 811 of 1993. He has also been convicted and sentenced to 5 years R. I. under Section 307 IPC.
(2.) DECEASED of this case were Maya Devi and her husband Ram Murti. They were running a road side Hotel (Dhaba) outside the Civil Court campus. It is alleged in the First Information Report that in the night between 20th and 21st of July, 1993 Smt. Maya Devi and Ram Murti alongwith their children Km. Santosh Devi, P. W. 1 aged about 9 years and Raju younger brother of Santosh were sleeping in their Dhaba. At about 4. 45 in the morning Km. Santosh Devi woke up on hearing sound of the movement of hands and legs of her father and saw that a young boy wearing white shirt and black pant and having a cut on his left eye lid, was strangulating his father by tying a rope around the neck. He was then sitting on the chest of her father. Due to fear she did not raise alarm. Thereafter the same boy strangulated her mother. The boy also tied her hands and legs. In the meantime she saw one police Constable on the road. She raised alarm whereupon the Police Constable came to her Dhaba and caught hold of the boy. When the Head Constable was asking her as to what the matter was, the boy escaped from the custody of the Head Constable and ran away. Head Constable also ran chasing the boy. In her report Santosh Devi further claimed that the boy was known to her as he used to come to their Dhaba daily for taking food. Km. Santosh Devi went to the police station, New Agra and dictated the report orally at 6. 20 a. m. which was recorded in the chick register by Head Constable-Shilendra Kumar P. W. 4. Case was registered in the presence of Station Officer, Naresh Kumar Yadav, P. W. 6. He took up the investigation and interrogated the first informant. He also interrogated Raju and thereafter proceeded to the scene of occurrence and at the instance of Km. Santosh Devi prepared inspection note and site plan Ex. Ka-6. Dead body of Ram Murti was found lying on the Mahatma Gandhi road near the gate of Civil Court compound at a distance of 16 paces from the Dhaba where he was sleeping. While dead body of Maya Devi was found in the South towards Bhagwan Talkies an a distance of 20 paces from the Dhaba. The Investigating Officer found a rope which he took into his possession and prepared seizure memo Ex. Ka- 6, inquest were held. Therefore the dead bodies were sent to mortuary for post-mortem examination. Further case of the prosecution is that Head Constable Charan Singh P. W. 3 who had earlier caught hold of the accused in the hotel of first informant, chased the accused when he escaped from his grip and apprehended him near Natraj Cinema at about 5. 30 in the morning. Accused was brought to the police station by the said Head Constable and was lodged there. After about 10 minutes Km. Santosh Devi also arrived at the police station and on seeing the accused there she told the police that he was the killer of her parents.
(3.) DR. P. C. Jain, P. W. 2 held autopsy on the dead bodies of Maya Devi and Ram Murti on 21-7-1993 at 3. 45 p. m. and 4. 05 p. m. respectively. Following ante-mortem injuries were found on the dead body of Smt. Maya Devi: (1) Ligature mark encircling the neck, horizontally and completely on the middle part of neck width varying from 1 cm to 2. 5 cm. 7 cm below chin. One rope of jute (double) used as ligature was found firmly tight around the neck with knot on right side and front of neck. (2) Multiple abrasions in an area of 15 cm x 8 cm on the back of right side lower part. In the internal examination doctor found that brain was congested, froth was present in larynx and trachea. Rings of the trachea were found fractured under the ligature mark. Both lungs and trachea were deeply congested and lungs were also congested. The stomach contained semi-digested food material. Small intestines contained digested food material while large intestines had gases and faecal matter. In the opinion of the doctor, cause of death was asphyxia as a result of strangulation. Post- mortem report of Smt. Maya Devi is Ex. Ka-2.;