- (1.) M. C. Jain, J. Three accused respondents Mata Prasad Dubey,kripa Shankar Dubey and Pankaj Rai faced trial before the 1st Additional Sessions Judge, Azamgarh in S. T. No. 212 of 1986 under Section 302 read with Section 34 I. P. C. for the double murder of Babu Ram Rai and Ajit Kumar Rai. The trial having resulted in acquittal, the State has come up in appeal against the impugned judgment 20. 8. 1994, passed by Sri Shital Singh.
(2.) THE incident occurred in between the night of 15/16th December, 1985 at about 11 p. m. in village Haraiya, Police Station Jeanpur, district Azamgarh and the F. I. R was lodged on 16. 12. 1985 at 1. 50 a. m. by Ram Pyare Rai son of the deceased Babu Ram Rai. Ajit Kumar Rai, the other victim, was the son of the informant. Babu Ram had died at the spot whereas Ajit Kumar Rai died on 27. 12. 1985 at 10. 30 p. m. in B. H. U. Hospital. THE two victims were sleeping on a cot covering themselves by a guilt on their tube-well near their house and the door of the tube-well was open. THE three accused respondents reached there. THEy sprinkled petrol over them and set them afire. Catching fire, the two victims tried to run away, but the accused Mata Prasad Dubey gave Lathi blow on the head of Babu Ram Rai due to which he fell down. THE other victim Ajit Kumar Rai was also pushed and felled down. THE cries of the two victims attracted the informant Ram Pyare Rai PW 1 his brother-in-law Hriday Narain Singh who was staying there, Ram Shabad Rai, Sita Ram Rai and informant's wife Smt. Sushila Devi as also Smt. Sharda Devi PW 2 wife of Musafir Singh who had also stayed there in the night. THEse persons and few others reached there flashing their torches and recognised the accused respondents when they were coming out of the tube-well. THEy unsuccessfully chased them. THE two victims had been burnt severely. THE informant and witnesses extinguished the fire and were also shouting aloud the names of the accused respondents as the perpetrators of the crime. THE two victims crying with pain, were also naming the three accused as the culprits. Ram Pyare Rai PW 1 wrote down the F. I. R. and went to the Police Station where he lodged it. THE two victims were also taken to the Police Station. Both of them were sent to the District Hospital, Azamgarh but soon on arrival, Babu Ram Rai succumbed to his burn injuries. THE other victim Ajit Kumar Rai was examined by Dr. M. N. Pandey PW 4 on 16-12-1985 at 3-10 a. m. THEre were 1st, 2nd and 3rd degree burns over his chest, face, abdomen, arms, hands, back, legs and feet over about 70% of the body. THE clothes were smelling kerosene. Skin was peeled at places and blisters scattered all over. THE injuries could possibly by caused in between the night of 15/16th December, 1985 at about 11 p. m. Autopsy on the dead body of Babu Ram Rai was conducted by Dr. Kuldeep Sagar on 16-12-1985 at 3- 30 p. m. He was aged about 70 years and had died in District Hospital, Azamgarh on 16-12-1985 at 3-10 a. m. There were 5 lacerated wounds including on above left ear with underlying bone fractured, on left parietal bone with underlying bone fractured, besides 2nd and 3rd degree burns. The cause of death was shock as a result of excessive burns and fracture of skull bones. Ajit Kumar Rai having died in University Hospital, B. H. U. at 10-30 p. m. on 27-12-1985, post mortem over his dead body was conducted by Dr. C. B. Tripathi PW 7 on 28-12-1985 at 3 p. m. There were dermo epidermal burns over back and both sides of trunk, right side abdomen and chest, both shoulders, both upper limbs (except for few patches), both buttock and both lower limbs (except for few patches ). The death had occurred due to septicemia as a result of burn wounds. He was aged about 10 years.
(3.) THE investigation in the case was conducted by Chhedi Lal Yadav PW 5. The defence was of denial.;