Surendra Vikram Singh Rathore, J. - (1.) SINCE both these jail appeals i.e. [Jail Appeal No. 223 of 2005 -Ratnesh Das V. State] and [Jail Appeal No. 3312 of 2014 -Ramu Das V. State] arise out same judgment and order, therefore, the same are being disposed off by a common judgment.
(2.) LEARNED counsel for the appellants, learned A.G.A. for the State were heard. We have perused the material available on record. Challenge in the instant jail appeals is the judgment and order dated 08.03.2000 passed by Second Additional Sessions Judge, Kanpur Nagar, in Sessions Trial No. 1826 of 1998, arising out of Case Crime No. 316 of 1998, Police Station Swaroop Nagar, District Kanpur Nagar whereby the appellants Ratnesh Das and Ramu Das were convicted for the offence under Section 302 read with Section 34 IPC and were sentenced to undergo imprisonment for life and also with fine of Rs. 5000/ - each with default stipulation of further imprisonment for a period of one year.
(3.) IN brief, the case of the prosecution was that on 03.11.1998 the complainant Girish Kumar lodged an FIR at the Police Station Swaroop Nagar, District Kanpur Nagar that he alongwith his wife Smt. Sulochana Saraff had gone to Khatuji (Rajasthan) on 29.10.1998 leaving behind his mother Smt. Harmukhi Devi and his daughter Km. Parul who was student of B.com (IIIrd year) and also servant Ratnesh Das who was working as such for the last about 8 years. In the bungalow of the complainant, on the ground floor the family of his uncle resides. On 01.11.1998 his servant Ratnesh Das used abusive language in connection with some domestic work then his mother terminated his employment. On 02.11.1998 the complainant and his wife came back from Khatuji (Rajasthan) and in the intervening night of 02/03 -11 -1998 the complainant and his wife were sleeping in a room and in the adjoining room his mother and his daughter were sleeping. In the night at about 12.30 a.m. some noise of knock at the doors was heard then his mother opened the door thereafter both the accused appellants trespassed into the house and in the electric light the mother of the complainant and his daughter saw that Ratnesh Das and his companion Ramu Das (Bihari) who used to visit Ratnesh Das during course of his employment, both caught hold of the mother of the complainant and pushed her on the double bed and they were saying that this old lady has removed him employment from service and they will teach her a lesson. When the daughter of the complainant made an effort to save her grand mother and raised alarm then hearing alarm and cries of his mother the complainant and his wife got up and went towards the room and saw that Ramu Das was keeping the neck pressed with a saree and Ratnesh Das gave a blow with some pointed weapon on the right scapular region and seeing the complainant they started running away from there and after getting down from the first floor they jumped from the main gate and ran away. They were recognised in the electric light and mother of the complainant died. The complainant prepared the FIR and lodged it at the Police Station Swaroop Nagar which was registered on 03.11.1998 at 2.05 a.m. During investigation the inquest proceedings were conducted and from the place of occurrence a gupti was recovered and its memo was prepared. Blood stained, piece of bed sheet and piece of plain bed sheet were also taken into custody and its memo was prepared. The recovered articles were sent for examination to Forensic Science Lab and according to the report of the Forensic Science Lab dated 09.08.1999 human blood of group 'A' was found on gupti. On bed sheet also human blood was found. However, the blood on the bed sheet could not be classified.;