I. P. Singh, J. - (1.) RAM Jiyawan (17 years old on the date of occurrence 2-5-1974) has preferred this appeal against the judgment and order of Sri E. P. Sinha, Additional Sessions Judge, Fatehpur, dated 30-6-1977, passed in S. No. A 302 of 1975 : State v. RAM Jiyawan, convicting and sentencing him under Section 302, IPC to imprisonment for life.
(2.) THE following pedigree, appearing from the prosecution evidence, would be relevant to appreciate certain aspects of this case. One Ram Prasad was married to Smt.Brij Rani (PW 5). Uma Shanker, Rajendra Prasad (PW 1) and Santosh Kumar alias Munna (PW 7) are three sons of said Smt.Brij Rani (PW 5). Smt.Shakuntla (deceased) was the daughter of Uma Shanker who was married to Ram Jiyawan appellant son of Sheo Balak. His sister is Shitaliya. Smt. Sheo Kumari (PW 4) is the wife of Rajendra Prasad (PW 1). It is evident from the evidence of the above witnesses (PWs 1, 4 and 5) that there had been a family partition between the brothers round about in the year 1970 and since then they live separately in different portions of the same house. Their mess is separate and they are not on good terms with each other so much so that other brothers and members of their families had not joined the marriage of Smt. Shakuntla (deceased) with the appellant in the same village Shahbazpur (within Police-station Bindki, district Fatehpur) which had taken place, a year before her murder on 2-5-1974.
(3.) THE prosecution case further is that on 2-4-1975 at about mid-day, Shitaliya, the sister of Ram Jiyawan appellant, had come up to the house of Rajendra Prasad (PW 1) and told Smt.Brij Rani (PW 5) that the appellant wanted to meet her and desired her to come to his house. Smt.Brij Rani went there. THE appellant sent his wife Smt.Shakuntla (deceased) with Smt.Brij Rani (PW 5) to their house. He, howeer, followed them to their house. Santosh Kumar (PW 7) was sitting there. He pointed out to his mother, Smt.Brij Rani (PW 5), as to why she had brought Smt. Shakuntla wearing dirty Dhoti. Smt. Brij Rani told him that there was nothing to mind as it was the matter of her own village and she would wash her Dhoti with soap and it would get cleaned. THE appellant, who had followed them, happened to hear the above talk. He lost his temper. He also happened to carry a Tamancha with him. He gave a blow with the but of the Tamancha on the back of Smt. Shakuntla saying as to why she was telling tales (chugli karti hai). At this, Smt. Brij Rani (PW 5) and Smt. Sheo Kumari PW 4 and Santosh Kumar PW 7 challenged the appellant saying that he had sent Smt. Shakuntla of his own free will. So he will not beat her. At this, Smt. Shakuntla (deceased) also retorted that he should be sent away as she did not want to see his face. THE appellant went away with the Tamancha. It is further alleged by the prosecution that at about 4 p.m. the same day, the appellant, carrying a tamancha in his hand, entered the house of Rajendra Prasad PW 1 and found Smt. Shakuntla (deceased) and Smt. Sheo Kumari PW 4 sitting by the side of Tulsi Ka Chabutra. The appellant aimed his Tamancha towards the deceased. She ran away towards north in the Dalan shouting for help to be saved.;