M.C.JAIN, J. - (1.) IN this crime, a young widow aged about 30 years and her two infants aged about 5 and 2 years were done to death in a most merciless manner by pouring acid for the greed of property. The accused respondents are the own kins of the deceased. Accused Ram Charittar and Kishori Lal are the brothers of the deceased husband of the widow. Ram Kumar accused respondent is the son of Kishori Lal and the fourth accused respondent Chandrawati is the wife of the first accused respondent Ram Charittar. All the accused respondents have been acquitted by the impugned judgment and order dated 12 -5 -1981, passed by Sri C. Mohan, the then Sessions Judge, Basti passed in Sessions Trial No. 134 of 1980.
(2.) THE incident took place in between the night of 28/29th March 1980 in village Gaayghat, Police Station Kalwari, District Basti at a distance of about 8 kms. from the Police Station. The F.I.R. was lodged on 29 -3 -1980 at 6.15 a.m. by one Bhagwati PW 2, neighbour of the accused and the deceased. The broad essentials of the case as per the F.I.R. and the evidence adduced in the Court may be set forth. Ram Chet -husband of the deceased Sushila died in the month of Asharah before the incident. Thereafter, the accused persons started quarreling and harassing her in different ways so as to force her to transfer her property to them. In the evening preceding the night of the incident also, they quarrelled with her and threatened to burn her and her daughters with acid. They had also stopped Sushila's father from coming and meeting her. In between the eventful night at about 3 O'Clock, cries and shrieks emanating from the house of Sushila attracted her neighbours -Bhagwati PW 2, Ram Din PW 3, Mangroo PW 4, Prem Narain PW 5 and several others to the scene. They saw the accused Ram Charittar, Kishori Lal, Ram Kumar and Chandrawati in the house of the deceased near the place where they were sleeping. Ram Charittar came out of the house alongwith a bottle of acid. The other accused also came out. Seeing the witnesses, Ram Charittar dropped the bottle of acid in the verandah of the deceased. The bottle was broken and the acid splashed on the floor. The witnesses succeeded in apprehending the accused Ram Charittar, Kishori Lal and Chandrawati at the spot. But Ram Kumar made his escape good. Ram Charittar applied some acid to his face and some acid fell on the face of his wife accused Chandrawati. In the meantime, Sushila came out with her younger daughter Nandini rolling on the floor and both of them died near her door. Bindu elder daughter of Sushila was also badly burnt with acid. She told crying that Badka Dada had thrown acid on them. She being badly burnt with acid was taken to the District Hospital. She also happened to die there in hospital on 30 -3 -1980 at 9.30 a.m.
(3.) BHAGWATI PW 2 got a report of the incident (Ext. Ka -6) scribed by Baijnath PW 6. He took the same to Police Station Kalwari where it was lodged. A chick F.I.R. was prepared at the Police station by Head Constable Rama Kant Dubey PW 10 and a case was registered under Section 302/307 IPC with entry in GD. The investigation was taken up by Ram Nath PW 9, Station Officer of Police Station Kalwari who was present at the Police Station at the time of lodging of the F.I.R. He reached the place of occurrence at about 8.30 a.m., held inquest on the dead body of Sushila and that of her younger daughter Nandini. He prepared inquest reports and other necessary papers. Both the dead bodies were properly sealed separately and sent to the mortuary through Constables Raj Narain and Rajdeo. The Investigating Officer recorded the statements of the witnesses. He took in his custody the three accused Ram Charittar, Kishori Lal and Chandrawati apprehended by the prosecution witnesses at the spot. Inspecting the place of occurrence, he prepared the site -plan. He also examined the torch of the informant Bhagwati PW 2 and Dhibri (earthern lamp) glowing in the house of Sushila at the time of incident. Both these items were given in the custody of the informant through Ext. Ka -7. He also took in possession broken bottle, acid and scrapping of the floor where the acid was spread. The Investigating Officer also took in possession three Katharis, Dari, Chaddars, pieces of bangles and Dhoti of accused Kishori Lal. All these articles were burnt partly with acid. They were properly sealed separately and recovery memos Ext. Ka -8 to Ka -12 were prepared in respect thereof. The recovered articles were sent to the Chemical Examiner.;