M. C. Jain, J. - (1.) -The two brothers, namely, Rajendra and Narpat sons of Ram Phool have preferred this appeal against the judgment and order dated 20.1.1982, passed by Sri G. K. Verma, the then Vth Additional Sessions Judge, Ghaziabad in Sessions Trial No. 183 of 1981. Both of them have been convicted under Section 302 read with Section 34, I.P.C and sentenced to life imprisonment. There was another accused Richhpal son of Bhika Singh who was acquitted.
(2.) THE incident took place on 27.5.1981 at about 7.30 a.m. in village Khari Kuan of Town Dadari within P.S. Dadari, district Ghaziabad and the report was lodged the same day at 7.50 a.m. by Phoolwati P.W. 1 wife of the deceased Ratiram who was murdered in this incident. THEy allegedly committed his murder by throwing him in a well. The broad essentials of the prosecution case should be set forth. The deceased Ratiram used to live in Kheri Kuan of Town Dadari. He had an elder son Govinda and a younger one named Jahangir Ram. He used to carry on the profession of goldsmith (Sunari) having a shop in village Kheri Kuan. The accused were residents of village Kheri. Some transactions of ornaments took place between Ratiram deceased and accused Narpat, Rajendra and Richhpal-Pradhan. In that connection, they used to visit the house of Ratiram in Kheri Kuan. As the professional work of the deceased was not going on well, he and his elder son Govinda went outside in pursuit of new field of engagement. The accused Narpat and Rajendra had also ill-treated him and due to this reason also, he had to go out. In the absence of the deceased Ratiram, the accused Narpat and Rajendra visited his house, making enquiries about him from his wife Phoolwati P.W. 1. Eight days before the incident Govinda returned to his home. Phoolwati told Richhpal-Pradhan that if she was assured of the safety of her husband, she would call him back. Richhpal assured Phoolwati P.W. 1 that he would not ill-treat the deceased Ratiram. Then Govinda with accused Narpat and Rajendra went to Kanpur and it was in the morning of 27.5.1981, that Ratiram returned home. On that day at about 7.30 a.m., the three accused had also come along with Ratiram. Accused Narpat and Rajendra asked Ratiram to return their ornaments, threatening that he would be beaten up otherwise Ratiram replied that he would give their ornaments by making gradual earnings. On his such reply, the three accused started assaulting the deceased Ratiram. At that time, Phoolwati P.W. 1, Surajbhan P.W. 3, Jahangir Ram P.W. 4 (younger and minor son of Ratiram) and Smt. Sharbati-mother of the deceased were present there. They tried to come to the rescue of the deceased, but the accused Narpat and Rajendra pushed them back. In order to save himself, Ratiram caught hold of the door-frame which was up-rooted. One of the accused throttled Ratiram by neck and the other threw him in the well. A number of persons had collected there including Munna P.W. 2 and Birju. By being thrown in the well by the accused, Ratiram died. Phoolwati P.W. 1 went running to the police station and lodged the F.I.R. by oral narration. The distance of the police station was only three furlongs. A case was registered in the presence of S.I. Ramveer Singh P.W. 6 to whom the investigation was entrusted. He recorded the statement of Phoolwati P.W. 1 at the police station and went to the spot. The dead body of Ratiram was taken out from the well and the Investigating Officer prepared the inquest report as also other relevant documents. After being sealed, the dead body was sent for post-mortem through constable Brahma Pal P.W. 8 and constable Ram Prakash. The post-mortem over the dead body of the deceased was conducted by Dr. Sarvesh Mathur P.W. 7 on 27.5.1981 at 6.30 p.m. The deceased was about 45 years of age and about half day had passed since he died. The eyes were half open. Cornea was hazy. No mark of external injury was seen. Liver, spleen and both kidneys were congested. Both lungs and pericardium were also congested. Air bubbles with small quantity of water were present in both the lungs. Membranes were congested. Small particles of sand were present in larynx, trachea and bronchi. In the abdomen, 100 ml. water along with sand and small particles of mud had been found. In small intestine, small quality of water, mud and gases were present. In large intestine faecal matter and gases were present. Bladder was half full. The death had taken place about half day back due to the asphyxia as a result of drowning.
(3.) ALL the three accused pleaded not guilty before the trial court. While the accused-appellants admitted that there were transactions between his wife and deceased Ratiram and the other accused Rajendra and Narpat denied that there was any transaction between them and the deceased. False implication was pleaded due to enmity. The prosecution in all examined eight witnesses. Phoolwati P.W. 1, informant (wife of the deceased), Munna P.W. 2, Suraj P.W. 3 and Jahangir Ram P.W. 4 (minor son of the deceased) were examined as eye-witnesses, out of whom Munna and Suraj turned hostile. No evidence was adduced by the accused in defence.;