RAKESH TIWARI, J. - (1.) WE have heard Sri Chaudhary Subhash Kumar, assisted by Sri Yogendra Kumar Advocates, appearing on behalf of the appellants, Sri Ram Yash Pandey, learned A.G.A. for the State, and perused the record.
(2.) THIS appeal is preferred challenging the validity and correctness of the judgment and order dated 09.02.2004 passed by Additional Sessions Judge, Jaunpur, Court No. 6 in S.T. No. 113 of 2000 (State Vs. Ramesh Kumar Pandey and three others), whereby the accused/ appellants have been convicted under section 302, read with section 34 IPC and each of them has been sentenced to imprisonment for life and fine of Rs.1000/-. Since the accused-Durvasha died on 22.5.2000, we are concerned only with the accused-appellants Ramesh Kumar Pandey, Sheetla Prasad Pandey and Smt. Kamla Devi. The facts culled out from the record are that a written report dated 14.11.1999 was submitted by the complainant-Shakuntala scribed by Laxmi Narain Chaubey to the S.H.O. Police Station- Chandavak, District-Jaunpur, inter alia stating therein that she wife of Ram Chander Chaubey is the resident of Village- Harduttapur, P.S.-Chandavak, District-Jaunpur; that a stone plank belonging to her lying on the steps of the well was taken away by son-in-law of Sheetla Prasad Pandey and his son Dinesh Pandey. When her "Jeth" (husband's elder brother) (Gopal Chaubey) asked Dinesh Pandey about the stone plank, he became annoyed and came at the door of her house with his brother Ramesh Kumar Pandey armed with farsa in their hands, Sheetla Prasad Pandey son of Thakur Prasad with lathi in his hand along with Smt. Kamla Devi wife of Sheetla Prasad Pandey and Durvasa wife of Dinesh Pandey exhorting them. Thereafter the aforesaid two women i.e. Smt. Kamla Devi and Smt. Durvasha caught her jeth by his hands un-mobilising him. Dinesh Pandey and Ramesh Kumar Pandey with the intention to kill her jeth gave blows on his head by farsa causing 3 incised wound whereas Sheetla Prasad Pandey causing injuries by lathi and that her jeth has succumbed on the spot at about 3.00 P.M.
(3.) IT is averred in the written report that when she and her husband Ram Chander Chaubey raised hue and cry to save Gopal Chaubey then Dinesh Pandey and Sheetla Prasad Pandey also injured them and that this incident was seen by Om Prakash Chaubey son of Radhey Shyam Chaubey, Laxmi Narain Chaubey alias Pintu son of Rama Shanker Chaubey and many other residents of the village. However, on seeing the crowd of villagers coming the assailants ran away.;