RADHEY SHYAM Vs. STATE OF U.P.

JUDGEMENT

(1.) This jail appeal has been filed by the appellant Radhey Shyam against the judgement and order dated 21.04.2010 passed by Additional Sessions Judge, Court No.3, Ballia in S.T. No. 246 of 2006, State of U. P. Vs. Radhey Shyam u/s 302/ 307/ 201 I.P.C. and S.T. No. 59 of 2009, State of U. P. Vs. Radhey Shyam, u/s 4/25 Arms Act, P.S.- Garhwar, District- Ballia by which the appellant has been convicted and sentenced to imprisonment for life and fine of Rs. 10,000/- u/s 302 I.P.C., ten years rigorous imprisonment and fine of Rs. 10,000/- u/s 307 I.P.C., three years rigorous imprisonment and fine of Rs. 5,000/- u/s 201 I.P.C. and three years rigorous imprisonment and fine of Rs. 5,000/- u/s 4/25 Arms Act and in case of default of payment of fine, additional imprisonment of six months. All the sentences have been directed to run concurrently.

(2.) Briefly stated the facts of this case are that on the basis of a written report (Ext.Ka.1) given by P.W.1 informant Akhilesh Kumar at P.S.- Garhwar, District- Ballia on 22.05.2006 at about 9.40 A.M. in respect of an incident which had taken place on the same day at 9 A.M. in which the accused-appellant Radhey Shyam had allegedly committed the murder of informant's father Vijay and his mother Smt. Devanti Devi in his house by inflicting injuries on them by a sword-like sharp-edged weapon in the presence of the informant and other witnesses Bhim, son of Sri Kishun and Subedar, son of Tapesha who had arrived at the place of occurrence on hearing the noise made by the informant and were also attacked by the accused-appellant with the same weapon, Case Crime No. 53 of 2006 u/s 302/ 307/ 201 I.P.C. was registered against the accused-appellant. Check F.I.R. (Ext.Ka.2) and relevant G.D. entry (Ext.Ka.28) were also prepared. In the written report (Ext.Ka.1), it was alleged by P.W.1 informant Akhilesh Kumar that the accused-appellant Radhey Shyam, after committing the murder of his parents, had dragged their dead bodies into his field of maize and after covering their dead bodies with hay, he had set the same on fire with the object of burning their dead bodies. However, on account of arrival of large number of villagers including Patwari son of Samsuddin, Umesh son of Balgovind and Chotey Lal son of Chandradev at the place of occurrence and their challenging the accused, he ran towards the village whereafter the fire was doused by the villagers.

(3.) The investigation of the case was taken up by P.W.6 Hasmat Khan, the then S.H.O who reached the place of occurrence and recorded the statement of P.W.1 informant Akhilesh Kumar and at his instance, inspected the place of occurrence and prepared its site plan. He held inquest on the dead bodies of deceased Vijay and his wife, Smt. Devanti Devi and prepared the inquest reports and other related documents and then dispatched the dead bodies of Vijay and Smt. Devanti Devi to the District Hospital for conducting the postmortem. He collected plain and blood-stained earth and ash from the place of incident and prepared their recovery memos (Ext.Ka.19 and Ka.22). The Investigating Officer arrested the accused-appellant on the same day at about 2.30 P.M. from the lavatory of a Primary School of the village. The crime weapon, hidden by accused-appellant Radhey Shyam under a guava tree under a heap of mud was recovered pursuant to the disclosure statement made by him before the Investigating Officer after his arrest. The recovery memo of the crime weapon was prepared by S.I. Hori Prasad Sonkar. The crime weapon (sword) was produced during the trial and marked as (material Ext.Kha.21). Case Crime No. 54 of 2006 u/s 4/25 Arms Act was registered against the accused-appellant on 25.05.2006 at 16.30 hours on the basis of the recovery memo of the crime weapon (Ext.Ka.21).