- (1.) APPELLANT Ram Piarey has been convicted under Sections 302 and 323, I. P. C. and sentenced to under go rigorous imprisonment for life, ann rigorous imprisonment for 6 months respectively, both sentences to run concurrently. His wife, Smt. Chandrawati, has been convicted under Section 302 read with Section 34,i. P, C. , and sen tenced to undergo rigorous imprisonment for life, and under Section 307, I. P. C. sentenced to rigorous imprisonment for 5 years.
(2.) IN village Lachipur, P. S. Bhighapur, District Unnao, appellant Ram Piarey and his wife appellant Smt. Chaudrawati, lived in the house adjoining the house of former's brother Ambika, whose wife Smt, Rajana is said to have been murdered by the appellants. There was a partition of property between Ambika (P. W. 1.) and Ram Piarey accused in the times of their father, but there had been bickerings between them in connection therewith. The bickerings resulting in exchange of abuses of and on not only between male members but also between the ladies of the family. It is said that on 19-2-1982 Ambika's wife, Smt. Rajana, along with her daughters Km. Ramlali and Km. Jagdei, aged about 9 or 10 years, was rturning with a bundle of green fodder from the fields, when the appellants were standing at the door of their house, Smt. Chandrawati threw a brick-bat at Smt. Rajana. The brick-bat is said to have hit Smt. Rajana on the head, she threw the fodder bundle, and rushed into her house and climed over the roof. It is alleged that thereupon Ram Piarey, armed with Pharsa, and Smt. Chand rawati, armed with a Gandasa, climbed over the roof of their own house, and went over to the roof of the house of Ambika, where Ram Piarey attacked Smt. Rajana with the Pharsa. When the two daughters, Km. Ramlali (P. W. 2) and Km. Jagdei (P. W. 3), lushed for the rescue of Smt. Rajana, Ram Piarey is said to have struck Km. Ramlali, and Smt. Chandrawati is said to have struck Km. Jagdei. The attak of Ram Piarey on the person of Smt. Rajana resulted in her death ; both the appellants ran away from the village itself. Ambika had gone to the house of his mother, and on receiving infor mation, returned to the house, where he found Smt. Rajana dead, and Km. Ramlali and Km. Jagdei injurned. He gathered the facts from Km. Ramlali and Km. Jagdei. He went to P. S. Bhigapur-9 Kms. away where he lodged the F. I. R. at 3. 45 p. m.
(3.) CONSTABLE-Clerk I. H. Rizvi (P. W. 6) recorded the report and regis tered the case. S. I. Nooor Mohammad (P. W. 7) took up the investigation, and reached the spot at. 6 p. m. the same day. He found the dead body of Smt. Rajana on the roof of the house, from where he collected samples of blood stained earth. He prepared the inquest report and the connected papers, and despatched dead body, along with the papers, are sealed, through a constable for post-mortem examination. He recovered Gandasa and Pharsa from the house of the appellants on that very day, which he claimed to have been blood-stained, but he did not send them for chemical analysis. The site-plan of the locality was prepared by him on 20-2-1982. He sent Km. Jagdei for medical examination. Dr. J. N. Sarin (P. W. 4) examined Km. Ramlali at 9. 30 a. m. , and found two contusions of her person, namely 2 cm. x 5 cm. on the left side of the head, and a contusion 3 cm. X 2 cm. on the right shoulder.;