- (1.) THIS appeal has been filed by Smt. Roop Rani against the judg ment and order dated 11-9-85 passed by V Additional Sessions Judge, Hardoi con victing her for offences punishable under Section 302, I. P. C. for committing murder of Madan Pal and Asha and under Section 307 I. P. C. for committing murder of Raj Pal and Ram Adhar and sentencing her to undergo life imprisonment and rigorous imprisonment for 7 years respectively.
(2.) THE incident, according to the prosecution, took place at 5-00 p. m. on 24-9-84 in village Ataraksha Bujurg under the jurisdiction of P. S. Bilgram district Hardoi. THE accused-appellant Smt. Roop Rani is wife of Mohan Kisan, who had his house adjacent to the house of the inform ant Shri Krishna and there was dispute between them regarding the extent of the Sahan land. Mohan intended to construct a wall which was resisted by the informant Shri Krishna and his brother Sonelal. THE prosecution case is that on account of the hindrance created by the informant and his family members the accused was infuriated and she often threatened to kill their children in case they did not permit to construct the wall at the place desired by her. This furnished motive for the crime. The deceased Km. Asha aged about 7 years was daughter of the informant Shri Krishan. Raj Pal, deceased Madan and Ram Adhar respectively aged about 9-91/2years, 6 years and 5 years were sons of Sone Lal. On the eventful day the inform ant had gone on the bank of river garra for cutting fodder while Sonelal had gone to Bilgram. The prosecution case is that the accused Roop Rani came near the children at about 5-00 p. m. when they were playing out of the house near pakar tree and al lured them to accompany her on the pretext of providing khoond 'sugarcane' and andiya 'maize corn'. The children on this allurement accompanied her to the well of Vijay Pal Singh located in the belt of cultivatory fields where she threw Raj Pal in the well. Thereafter she pushed Asha, Madan Pal and Ram Adhar in the well one after another. The children raised alarm attracted toby which Ram Bhajan who was returning to his house from his fields was attracted to the well and found the children drowning. He hanged his lathi inside the well. Raj Pal caught hold of the lathi and with the help of Ram Bhajan came out of the well. Ram Bhajan again hanged his lathi to help Ram Adhar but he could not catch the lathi. Ram Bhajan raised alarm thereby attracting Mool Chand (P. W. 3) to the spot. He entered into the well and took Ram Adhar, Madan Pal and Km. Asha out of the well. By the time Madan Pal and Km. Asha could be taken out of the well they died. The informant and other villagers came out after the children were taken out of the well. On enquiry Raj Pal and Ram Adhar disclosed that they were thrown in the well by the accused (wife of Mohan Lai ). The villagers including the informant then proceeded to search the accused but they could not trace her and she succeeded in escaping.
(3.) THE informant then carried the dead body of Asha and Madan Pal to his house and then proceeded to the police station Bilgram where on his dictation head constable clerk Istiyaq Ahmad (P. W. 8) wrote chick report and registered a case under Section 302,307 and 201, I. P. C. The investigation was taken over by inspector Raj Kumar (P. W. 6) who recorded the statements of the informant Shri Krishna and eye-witness Mool Chand and then proceeded to the spot. He sear ched the accused but could not find her in the village. After sometime he saw her running through the fields and after iden tification by the informant he arrested her and sent to the police station through S. I. Vakil Ahmad. On the following morning he held inquest on the dead bodies, prepared police papers, got the dead bodies sealed up and despatched them through constable Virendra Kumar Singh (P. W. 7) and constable Amar Singh for post-mortem examination. He inter rogated witnesses, inspected the site, prepared its plan and observing other for malities of investigation submitted charge sheet against the accused- appellant Smt. Roop Rani. The post-mortem examina tion of Km. Asha and Modan Pal was con ducted by Dr. R. P. Singh on 25-9-84 at 4-30 p. m. and 5-00 p. m. respectively that their faces were pale, eyes closed and decom position had set in. Froth appeared on compression of the chest. Mud was found present under the fingernails. They had no external injury on their body. Larynx trachea was found congested and the lungs were also found congested and distended like balloon. The Medical Officer opined that death occurred due to asphyxia as a result of drowning.;