- (1.) Heard Sri V.K. Sharma Advocate assisted by Sri K.C. Yadav, learned counsel for the appellants and Sri Saghir Ahmad and J.K. Upadhyay, learned AGAs in opposition.
(2.) This appeal is directed against the judgment and order dated 14.2.2005 passed by Session Judge, Basti in ST No. 29/2001 (State Vs. Ram Niwas and 2 others) whereby the appellants have been convicted and sentenced to undergo rigorous imprisonment for life together with fine of Rs. 2000/- under Section 302/34 IPC, three years rigorous imprisonment and fine of Rs. 1000/- each under Section 326/34 IPC and one year rigorous imprisonment and fine of Rs.500/- each under Section 452/34 IPC. In case of default in the payment of fine, appellants were required to go additional simple imprisonment of six months, learned Session Judge directed that all the sentences shall run concurrently.
(3.) The facts and circumstances giving rise to this appeal are as under : (a) In the night of 10/11.10.2000 while Sukaie Prasad (deceased) and his daughter Km. Nisha aged about six years were sleeping in the vberandah of their house in Village Parari Kunwar, District Basti and the complainant Somaie Prsad PW1 was on the roof of the same house after taking his meal, at about about 12 O' clock he saw Ram Niwas and Chhedi Lal of Village Parari Kunwar entering into the verandah of his house where his brother Sukaie Prasad was sleeping and thereafter accused Ram Dutt and Chhedi Lal pulled off the Tahmat by which his brother had covered himself while sleeping and Ram Niwas who was carrying with him a container of acid, poured the same on the body of his brother Sukaie Prasad and his daughter Km. Nisha whereupon they raised an alarm on which PW1 Somaie Prasad, his elder brother Ram Jas and neighbours Sukhram and Moti rushed to the spot along with several other villagers on which the accused started running away from the spot. They were chased by the witnesses but the accused could not be apprehended by them. Both the injured were taken by the PW1 Somaie Prasad to Faizabad for treatment. The doctor after giving medical aid to Sukaie Prasad referred him for treatment to Lucknow and while PW1 was making arrangement for taking Sukaie Prasad to Lucknow he died in Faizabad outside the hospital premises. The complainant PW1 then took the dead body of the Sukaie Prasad to the police station and handed over the same to the police along with the written report of the occurrence Ex. Ka9. (b) On the basis of Ex. Ka9 case was registered at crime no. 304/2000, under Sections 304, 326 and 452 IPC vide report no. 30 at 16:10 hours on 11.10.2004, chek FIR Ex. Ka10 was prepared and the case was entered into the GD. The carbon copy of the relevant GD entry has been brought on record as Ex. Ka11. Enmity emanating from civil litigation between the parties which was pending for the last four years was stated to be the motive behind the commission of murder of Sokaie Prasad by the appellants. (c) The Investigating Officer of the case Sri Harish Chandra, PW8, SO Sonhar, District Basti took the cadaver of the deceased in his custody and after holding the inquest he prepared inquest report Ex. Ka12 and sent the dead body of Sukaie Prasad for post mortem along with relevant papers, namely letters addressed to CMO and RI, photo nash and sample of seal etc. The Investigating Officer PW8 prepared the site plan of the place of occurrence which is Ex. Ka23 and collected the prescriptions relating to the treatment of deceased Sukaie Prasad from Faizabad Hospital where he was admitted for treatment immediately after the occurrence which have been brought on record as Ex. Ka13, Ka Ex. Ka18, Ex. K20 and Ex. Ka21 and his injury report Ex. Ka15. The Investigating Officer collected the prescription of Km. Nisha from District Hospital, Faizabad which is Ex. Ka19. The Investigating Officer also took into his possession the burnt and semi burnt clothes of the deceased and the injured person and prepared recovery memo Ex. Ka25. After completing the investigation, he submitted charge sheet against all the accused under Sections 302/34 IPC, 326/34 and 452/34 IPC before the CJM, Basti. (d) Since the offence under Section 302 IPC mentioned in the charge sheet against the appellants was triable exclusively by the Court of Session, he committed the case for the trial of the accused to Session Court where it was registered as ST No. 29/2001 (State Vs. Ram Niwas and 2 others). (e) Learned Session Judge, Basti framed charge against the appellants under Section 302/34, 326/34 and 452/34 IPC. The accused denied the charges framed against them and claimed trial. (f) The prosecution in order to prove its case against the accused examined as many as eight witnesses, of whom complainant Somaie Prasad PW1 injured witness Km. Nisha PW2 are witnesses of fact while the remaining witnesses PW3 Keshav Prasad, PW4 K.M. Gupta, PW5 Dr. S.P. Rai PW6 Dr. Ramesh Chandra, PW7 Dr. R. Dwivedi and PW8 Harish Chandra formal witnesses. The documentary evidence adduced by the prosecution has been referred to in the impugned judgment and the same need not be reproduced again. (g) All the three accused in their statements recorded under Section 313 Cr.P.C. denied the prosecution case and alleged false implication due to civil dispute between the parties. The defence examined Sukhram and Moti as DW1 and DW2.;