Onkareshwar Bhatt, J. - (1.) -Appellants Kapil Deo Singh and five others were tried and convicted in Sessions Trial No. 43 of 1980 vide judgment and order dated 21.11.1981, passed by the then VIIIth Additional Sessions Judge, Azamgarh. They have been sentenced to undergo rigorous imprisonment for one year under Section 147, I.P.C. to imprisonment for life under Section 302/149, I.P.C. and three years rigorous imprisonment under Section 201, I.P.C.
(2.) SRI Gopal Chaturvedi, Senior Advocate, assisted by SRI Samit Gopal, learned counsel for the appellants, SRI V. C. Tiwari, Senior Advocate appearing for the complainant and SRI M. C. Joshi, learned A.G.A. appearing for the State have been heard and record of the case has been carefully perused. Appellant No. 1 Kapil Deo Singh died and appeal abated so far as he was concerned vide order dated 28.10.2003. Deceased of this case is Sarvan Singh, brother of Harivans Singh P.W. 2. They were original residents of Sarbaspur and had come to live in village Karanpur. The deceased worked as Muneem on the sand excavation site in village Deoo. The deceased lived at the excavation site and used to come in the morning and evening for taking food at his house in village Karanpur. The deceased was notorious and womanizer. He had illicit relations with Lalti, daughter of accused Ram Janam. During the time of occurrence, the deceased was having illicit relationship with Mankiya P.W. 1, daughter of accused Lurkhur, Mankiya was residing in southern portion of the house of accused Lurkhur and the deceased used to visit Mankiya on second or third day. In the night of 4/5.8.1978 the deceased was brutally assaulted in the portion of the house where Mankiya was living. On 5.8.1978, the dead body of the deceased was found at 6 p.m. in well of Ram Nath in village Karanpur and was taken out by Bal Chand P.W. 8 from the well. Thereafter, Harivans Singh lodged written report of the occurrence of 6.8.1978 at 5.30 a.m. at police station Jeeanpur. After completion of the investigation charge-sheet was submitted against the accused persons.
(3.) BRUTAL assault on the deceased took place in southern portion of the house of accused Lurkhur, which was in occupation of Smt. Mankiya P.W. 1, is not open to doubt. During the investigation blood stains were found on the floor, cot and bamboo. The assault on the deceased took place while he was sleeping along with Mankiya on the same cot. Mankiya stated that she was sleeping on the cot when some time during the night the deceased came and slept with her on that very cot. According to Mankiya some time after she slept, some persons came and killed the deceased and carried him away. She stated that she could not recognise any of the assailants because they had tied her mouth and eyes. The testimony of Mankiya shows that in the night of 4/5.8.1979, the deceased was alive and was in the company of Mankiya. Harivans Singh P.W. 2 stated that all the accused for one reason or the other were inimically disposed towards the deceased. He stated that it is correct that with all the accused and their family members there was enmity with his family. The witness also stated about the notorious character of his brother, deceased, and admitted that the deceased was involved in two cases of dacoity. He also stated that the deceased was a drunkard and was womanizer and was having illicit relations with Lalti and Mankiya who were married ladies. Harivans Singh has stated that on 5.8.1978, accused Lurkhur came to his house, waited for some time and thereafter the deceased, who had his dinner, left in the company of the accused at 8 p.m. P.W. 3 Ram Uchhah Singh who was returning to his village Sarbaspur and while he was passing through village Karanpur, when Chandrika also met him, saw the deceased followed by accused Lurkhur going towards Harijan Basti at 8.30 p.m. Chandrika Singh went to ease and Ram Uchhah Singh waited. When Chandrika Singh returned after easing and when both of them were ready to proceed, they saw the other accused coming from the side of village Karanpur and saw them proceeding towards Harijan Basti of accused Lurkhur. Rishikesh Upadhyay P.W. 4 has his house in village Karanpur and his furniture shop is at Machharaha in Azamgarh. He was returning at about 8 p.m. and at octroi one Chanari Singh met him. Both of them came by taxi to Jeeanpur market. Thereafter by rickshaw they reached Sikanderpur at 11 p.m. From Sikanderpur both of them started on foot and when they reached near the well of Ram Nath they heard noise of some persons. The witness flashed his torch and saw all the six accused. Whereafter all the accused turned towards north and went away. On the following night when the witness was returning again to his village he saw the dead body of the deceased near the well of Ram Nath.;