M.C.Jain, J. - (1.) The appellants Jagannath alias Chinkan and his two sons Molahu and Chhote Lal were tried before IV Additional Sessions Judge, Basti in S.T. No. 214 of 1978 for the double murder of Smt. Sampatti and her daughter Shobhawati aged about 8-1.0 years. They came to be convicted by the judgment and order dated 28.7.1981 under Section 302 I.P.C. read with Section 34 I.P.C. with sentence of life imprisonment and under Section 201 I.P.C. with a sentence of two years' rigorous imprisonment. Jagannath alias Chinkan died during the pendency of the appeal and the same abated in respect of him under order dated 5.4.2004. Presently, this Appellate Court is concerned, only with remaining two appellants Molahu and Chhote Lal.
(2.) The incident took place in between the night of 19/20.4.1978 at about 11.30 P.M. in village Manpur, Police Station Dhebarua, District Basti and the report by oral narration was made the same night by Sita Nai PW 1 (not eye-witness). The distance of the Police Station from the place of occurrence was about four miles.
(3.) The prosecution case as surfacing during trial was as follows: Thalloo, Udit, Sukai, Jhinkoo and Jagannath alias Chinkan (appellant) were real brothers, Jhinkoo was issueless. Others had their families. Thalloo died leaving behind his son Ram Lakhan, the husband of the deceased Sampatti. Ram Lakhan had died some years before the incident leaving behind his widowed wife Sampatti and two daughters Guneshwari and deceased Shobhawati. Guneshwari was married during the lifetime of Ram Lakhan. Shobhawati was unmarried and was murdered with her mother in this incident. After the death of Ram Lakhan, the deceased Jagannath alias Chinkan used to cultivate her (Sampatti's) land, giving to her some share in the agricultural produce. Sampatti had settled the marriage of her daughter Shobhawati with the son of Shobha PW 2. Tilak ceremony was to be observed on 20.4.1978. Settlement of this marriage was disliked by the accused-appellants. They never wanted Smt. Sampatti to marry her daughter with the son of Shobha as that was to result in her land going out of their grip. They tried to dissuade Sampatti from marrying Shobhawati with the son of Shobha but she did not agree. They were, therefore, annoyed with Sampatti and had also threatened her of her life. In between the fateful night, Sampatti and Shobhawati were sleeping on one and same cot in front of their east faced house. About 11.30 P.M. three accused-appellants came there. Chhote Lal was armed with Gadasa. The two unfortunate victims Sampatti and Shobhawati were caught hold of by Jagannath and Molahu and rendered immobile. Hearing some sort of noise of Sampatti and Shobhawati, the eye-witnesses Shobha PW 2, Sri Niwas PW 3, Ram Surat PW 4 and Paras rushed to their house. They saw Jagannath and Molahu pressing Sampatti and Shobhawati on the cot and Chhote Lal giving gadasa blows to them. When the witnesses challenged, they threatened them too. After causing gadasa blows to the two ladies, the three brought dried leaves and put the same on the bodies of Sampatti and Shobhawati setting them afire so as to burn the dead bodies. They also set fire to the thatched house of Sampatti. The witnesses named above had reached the spot raising alarm which attracted other witnesses also. The accused fled away towards southern side. The witnesses tried to control the fire and removed the dead bodies of Sampatti and Shobhawati from the cot and separated them. The dead bodies were half burnt, Shobha PW 2 then went to the village Chaukidar Sita Nai PW 1 and narrated the incident to him who, in his turn, went to the Police Station and lodged the F.I.R. by oral narration. The case was registered and investigation taken up by S.I. J.K. Singh PW 8 who proceeded to the spot. It was still dark when he reached the village of incident. He held inquest on the dead bodies of the two deceased after sunrise. Necessary papers were prepared and the dead bodies were sent for post mortem after being sealed. Investigation was later on taken up by S.I. Yash Pal Singh after the transfer of J.K. Singh, Anand Shanker Dubey PW 9 took over as S.O. of Police Station concerned and he proceeded with the investigation in the case with effect from 16.5.1978. The charge-sheet was ultimately submitted by him.;