M.C.Jain, J. - (1.) Tarsu Yadav and his father- Sita Ram alias Satai Yadav were tried before IV Additional Sessions Judge, Ghazipur in S.T. No. 235 of 1981. By the judgement dated 1.3.1982, the trial judge convicted Tarsu Yadav with sentence of life imprisonment on two counts for committing murder of Dwarika and Smt. Kumariya under Section 302 I.P.C. and under Section 307 I.P.C. for attempting the murder of Rajmatiya. Sita Ram was convicted (for sharing the common intention for the murder of Smt. Kumaria and attempting the murder of Rajmatiya) under Section 302 read with Section 34 I.P.C. with life imprisonment and under Section 307 read with Section 34 I.P.C. with sentence of life imprisonment.
(2.) Tarsu Yadav died during the pendency of the appeal and same abated under our order dated 23.5.2003. The Court is now concerned only with Sita Ram alias Satai Yadav. The incident occurred on 28.6.1981 in village Husainpur Madhukar, Police Station Sadat, District Ghazipur. The F.I.R. was lodged at 7.30 A.M. the same day by Rama Yadav PW 1. In this incident, Dwarika and Smt. Kumaria-mother of Dwarika were murdered. Dwarika had died at the spot and Smt. Kumaria had died in hospital on 29.6.1981 at 7.40 A.M. One Smt. Rajmatia alias Rajmania suffered injuries in this incident who after some time died of natural death.
(3.) From before this incident, Rama Yadav PW 1 had strained relations with accused Sita Ram alias Satai Yadav. In the morning of 28.6.1981 Rama Yadav had gone to the south-west of his house to answer the call of nature. When at about 5 A.M. he was returning back, he collided with his brother accused Sita Ram who was going in opposite direction to case. Consequent upon the collision between the two an altercation followed. The wife of accused Sita Ram was also present nearby at that time as she had gone there to throw cow-dung. On hearing the altercation between her husband and Rama Yadav PW 1, she rushed back to her house and sent her son Tarsu to that place. Tarsu armed with his licensed gun rushed to the spot. When he reached the tri-junction to the south of Bhita, he met Dwarika son of Rama Yadav who was standing in his Sahan. On seeing Dwarika, the accused turned towards north and after settling 3-4 steps, opened fire on Dwarika which hit him on his abdomen. On receiving injuries, he fell down and died instantaneously. On hearing the sound of fire, the accused Sita Ram and Rama Yadav PW 1 rushed towards scene of the incident. Smt. Kumaria-mother of the deceased Dwarika and Rajmatia (his aunt), Nanhakoo and Ram Adhar-the two other relations of Rama Yadav were present at the time of the incident. Adalat Pw 2 and other witnesses rushed to the scene where Dwarika deceased had fallen in a pool of blood. Smt. Kumaria and Smt. Rajmatia surrounded the deceased Dwarika and started raising his dead body. The witnesses who had arrived there tried to over power Tarsu Yadav who alongwith his father ran inside his house, reaching the roof of his second storey. Therefrom, on exhortation of his father Sita Ram, Tarsu Yadav fired 2-3 shots from his gun which hit Smt. Kumaria and Smt. Rajmatia.;