- (1.) In this appeal sole surviving appellant Rajmani was convicted under Section 302 I.P.C. read with Section 34 I.P.C. and under Section 201 I.P.C. and sentenced to imprisonment for life and three years rigorous imprisonment in each section respectively along with deceased Smt. Ganpati and Ram Surat vide judgment and order dated 19.5.1983 passed by the then Sessions Judge, Basti in S.T. No. 116 of 1981 (State Vs. Smt. Ganpati and others).
(2.) Appellants Smt. Ganpati and Ram Surat have died therefore, the appeal filed at their instance stand abated.
(3.) Background facts in nutshell are as follows: The sole surviving appellant Rajmani along with his parents (Smt. Ganpati and Ram Surat) and sister Jhinkani were charged under Section 302 I.P.C. read with Section 34 I.P.C. and 201 I.P.C. on 22.9.1981. It is stated that on 20.2.1981 P.W. 4 Jugun Chaukidar of village Harpur Tola Sunderdas, P.S. Mahuli a resident of village Ratanpura, P.S. Mahuli heard that deceased Smt. Malti wife of Rajmani, appellant had died of burns. He went to the matrimonial home of Smt. Malti at village Harpur Tola Sunderdas but none of charged persons were present at their house. It is stated that only Tejai, the grand-father of surviving appellant was sitting outside the house. The door of the house was closed from outside. Jugan Chaukidar rushed to the Police Station Mahuli and furnished information about the incident. This oral report was recorded into general diary (G.D.) of P.S. Mahuli at about 6:30 pm. on 20.2.1981 (Exh. Ka-1). Sub Inspector, Uday Narayan Singh P.W. 10 went to the spot along with constable Aadya Shankar and others and reached the village Harpur Tola at about 9:30 pm. He went to the house of appellant Rajmani but did not found any person at the house. The house was closed from outside. He could not find the occupants of the house in the village. On next day i.e. on 21.2.1981 Tejai the grand-father of sole appellant contacted the police personnel and took S.I. Udai Narayan Singh to the house and opened the lock of the house from the key which he took out from his pocket. The corpse of Smt. Malti was found inside the house. It was identified by Tejai,the grand-father.;