SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
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Monday, October 24, 2022
Printed For: Navami Krishnamurthy, Jindal Global University
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
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30. The PW-1, Shambhu Raidas is the first informant. He happens to be the brother
-in-law of the accused appellant i.e. husband of the accused appellant's sister. On
22.01.2010 while he was at his house, the accused appellant is said to have visited
him at 6 : 30 in the morning and was informed that at 1 o'clock in the night four
unidentified persons knocked at his door. The accused appellant woke up and enquired
who was it. As no one replied, the accused appellant went on the roof of his house and
saw four persons standing outside his house. The accused appellant is said to have
seen those four persons under the light of a torch. The accused appellant informed the
PW-1 that one of the persons was from the village Basadiha. One among the four
persons fired at the accused appellant. The accused appellant is said to have jumped
from the roof top. At that point of time, one of the four hit the accused appellant on
his head with the butt of the gun. The accused appellant thereafter ran away towards
a farm. The accused appellant is said to have witnessed those persons entering into
his house from a distance. After sometime, he noticed smoke coming out of his house.
The accused appellant went to Behnanpurwa, Khalikpurwa and Lahki for help but he
was not able to procure any help. PW-1 has deposed that after the accused appellant
narrated the entire incident, he himself along with one Pratap reached the house of the
accused appellant. The accused appellant also accompanied the PW-1, Shambhu
Raidas and Pratap. When the PW-1 reached the house of the accused appellant, he
saw the dead bodies of Sangeeta and the four daughters burning. PW-1 with the help
of Pratap started to douse the fire with water. PW-1 has deposed that while he himself
and Pratap were trying to douse the fire, the accused appellant took out his blood
stained baniyaan (vest) and threw it in the fire. The accused appellant thereafter
started warming his body. On seeing this, the PW-1 got annoyed and told the accused
appellant that how could he sit beside the fire when his wife and children had been
killed. The PW-1, Shambhu Raidas thereafter went to the Dhaurhara Police Station and
lodged the FIR. In the FIR, he named four unidentified persons as the suspects. The
PW-1 has further deposed about the illicit relationship of the accused appellant with
Manju. He has deposed that while the accused appellant was married to Sangeeta, he
decided to get married to Manju. The engagement ceremony of Manju with accused
appellant Ramanand was also performed. However, before the accused appellant could
get married to Manju, he came to be arrested in connection with one offence
registered against him under Section 307 of the IPC. He has deposed that Sangeeta
(deceased) was highly opposed to the idea of her husband Ramanand getting married
to Manju. He has further deposed that the accused appellant killed his wife and four
children in the hope that he may receive some monetary compensation from the
Government. In his cross examination, the PW-1 has deposed that his house is at a
distance of one kilometre from the house of the accused appellant. When the accused
appellant reached his house at 6 : 30 in the morning on the day of the incident, the
PW-1 found the accused appellant in lot of tension. In his cross examination, he has
categorically deposed that he was at the police station up to 2 o'clock in the night i.e.
upto 23rd of January, 2010 at 2 A.M. He has deposed in so many words that the
accused appellant Ramanand was also with him at the police station all throughout. He
has deposed that while he left the police station, Ramanand - accused appellant was
not allowed to leave the police station. He has deposed that Ramanand was challaned
by the police on the third day, till then Ramanand was continuously staying at the
police station.
31. What emerges from the evidence of the PW-1 is that after the incident, the
accused appellant visited his house at 6 : 30 in the morning and narrated as to what
had happened. PW-1 along with one Pratap thereafter reached the house of the
accused appellant and saw the dead bodies of Sangeeta and four minor daughters
burning. PW-1 tried to douse the fire by pouring water on the dead bodies with the
help of Pratap. PW-1 has deposed about the illicit relationship of the accused appellant
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