- (1.)MR. Justice Alok K. Singh 1. Under challenge in this appeal is the judgment and order dated 06. 09. 1988 passed by Sri K. M. Chaturvedi, the then Special Judge, Unnao convicting the appellant Munnal Lal under Section 302 I. P. C. and sentencing him to undergo imprisonment for life and further convicting him under Section 201 I. P. C. and sentencing to undergo four years rigorous imprisonment. Both the sentences of imprisonment were directed to run concurrently.
(2.)BRIEFLY stated the facts of the case, as born out from the lower court record, are that on 26. 07. 1986 Smt. Ram Pyari widow of Puttu Lal resident of Mohalla Topkhana, Town Miyanganj, Police station Asiwan, District Unnao got a hand written report scribed by one Prem Shankar Shukla son of Ram Shankar resident of village and police station Asiwan, district Unnao and after putting her thumb impression, she lodged the report at police station Asiwan at 3. 15 p. m. saying that about seven years before, she had solemnized the marriage of her daughter, Deshpati with Munna Lal (convict) son of Radhey Shyam resident of Mohalla Mahaveer Prasad Dwivedi Nagar, police station Juhi, Kanpur. Since then her son-in-law Munna Lal was living with her and used to run a medical clinic which was yielding good income. But for the last one year, the business of medical clinic became standstill due to which the financial position of her son-in-law became very bad. In half portion of her house one Ram Karan Tiwari, who is an employee in the Electricity Department used to live as tenant along with his family. On 26. 07. 1986, at about 2. 30 p. m. , the complainant's son-in-law confined himself, his wife, daughter Indresh and minor son Bholu in a Kothari and latched it from inside and then he started beating his wife Smt. Deshpati. On her shrieks, the first informant, her daughter-in-law Smt. Maha Dei widow of Rajjan Lal and her son Saket Kumar and Smt. Rani Devi wife of Ram Karan Tiwari rushed to the spot and dashed at the door of the Kothari but it was bolted from inside. Then, the first informant saw through eastern grating that the convict was beating her daughter with iron pipe (Fukni) and Silbatta (made of stone ). On their raising alarm Bhaiyya Lal Gupta son of Gopi Nath Gupta, Shiv Balak son of Moti Yadav, Laxmi Chand son of Mool Chand Gupta, Shabbir Ahmad son of Abdul Hasan, Zahir son of Hamid and Kamlesh Kumar Gupta son of Ram Swaroop Gupta, all residents of Mohalla Topkhana Town Miyanganj and several other persons reached at the spot and tried to get the door opened but without any success. Meanwhile, her son-in-law killed his wife, Deshpati, daughter Indresh and minor son Bholu and after pouring kerosene oil from the containers kept in the room and putting clothes over the three dead bodies, set the bodies on fire to cause to disappear the evidence of commission of aforesaid tripple murder and to screen himself from legal punishment. The aforesaid witnesses threw water from grating of the room but all in vein. While all the persons reaching on the spot had surrounded the room from all the sides the appellant Munna Lal kept on concealing himself inside that room. On the basis of this written report a case was registered at 3. 15 p. m. at Crime No. 131 of 1986, under Sections 302/201 I. P. C.
The investigation was taken up by Sri O. P. Singh, (PW-4) the then S. I. of police station Asiwan, who immediately rushed to the place of occurrence and reached there at about 4. 45 p. m. He found the door of the Kothari bolted from inside and therefore got it broken. On entering the Kothari he arrested the appellant, who was sitting in a corner. He also found three dead bodies lying in the same Kothari. He recorded the statement of the appellant Munna Lal, who confessed to have killed his wife as also both the children with stone Silbatta and iron pipe (Fukni ). Then, at his pointing out the Investigating Officer also recovered the iron pipe (Fukni), stone Silbatta and one scissor and took the same into possession in presence of public witnesses and prepared the recovery memo (Ext Ka-1 ). The iron pipe (Fukni) was measuring two spans of the hand & three finger's length and contained some blood on one side. Stone Silbatta and scissor were measuring about eight finger's length and eleven finger's length, respectively. He also took into possession the Bush shirt (material Ext-4) of the appellant Munna Lal containing blood stains and prepared a separate recovery memo (Ext Ka-2 ). At the pointing out of the appellant, he also took into possession two containers of kerosene oil of five liters containing three liters and ten grams kerosene oil respectively and prepared a recovery memo thereof (Ext Ka-3 ). Then, he prepared the inquest reports of Smt. Deshpati (Ext Ka-4) at 4. 45 p. m. , Km. Indresh at 6. 15 p. m. (Ext Ka-8) and of minor son Bholu at 7. 20 p. m. (Ext Ka-12 ). He also prepared relevant papers required to be sent in three sets with dead bodies for post mortem (challan Lash, photo lash and letters addressed to R. I. etc. (Exts Ka-5 to Ext Ka-7, Exts Ka-9 to Ext Ka-11 and Exts Ka-13 to Ext Ka-15, respectively) and after sealing dead bodies sent them for post mortem. He also took into possession the blood soaked and plain earth from the place of occurrence and prepared a recovery memo (Ext Ka-16 ). He also took into possession the burnt and semi burnt clothes and prepared a recovery memo (Ext Ka-17 ). On 27. 07. 1986 he recorded the statement of the first informant and with her help also prepared the spot map (Ext Ka-18 ). On 31. 07. 1986, he recorded the statements of witnesses Bhaiyya Lal, Kamlesh, Shiv Balak, scribe Prem Shanker Shukla and others.

The post mortem of all the three bodies was conducted on 27. 07. 1986 at Unnao from 2. 00 p. m. to 3. 30 p. m. The probable time of death of all the three deceased was mentioned about one day old. On the body of Smt. Deshpati following ante mortem injuries were found :-- (1) Lacerated wound 2 cm. X cm. X muscle deep on upper lip in middle. (2) Lacerated wound 3 cm. X 1 cm. X muscle deep oblique below left eye. (3) Lacerated wound 5 cm. X 1 cm. X bone deep oblique below right eye on face. (4) Lacerated wound 8 cm. X 2 cm. X bone deep on right frontal & nasal region starting from nose up to right eye brow. (5) Lacerated wound 2 cm. X cm. horizontal x muscle deep just above left eye brow. (6) Lacerated wound 1 cm. X cm. X bone deep on chin. (7) Lacerated wound 4 cm. X 2 cm. X bone deep oblique placed on left occipital region, 10 cm. Above left ear. Occipital bone fractured in pieces. (8) Lacerated wound 6 cm. X 2 cm. X brain cavity deep on left parietal region, oblique, 8 cm. Above root of left ear. parietal (left) fracture. (9) Abrasion 4 cm. X 2 cm. on back of right elbow. Post mortem burn injuries were found on left upper and fore arm, on left side of flanks and on both knees about 20%, on left side of thigh ranging from 2nd to 3rd degree. The cause of death was found to be COMA on account of ante mortem head injuries.

(3.)ON the body of Bholu following ante mortem injury was found:- (1) Contusion 8cm. X 4cm. , on left occipital parietal region of scalp,oblique, starting from left ear to back of occipit. Four post mortem burn injuries were also found on his body. The cause of death in this case also was found to be COMA on account of ante-mortem head injury.
On the body of Km. Indresh Devi following ante-mortem injuries were found:-- (1) lacerated wound 4 cm. X 2 cm. X brain cavity deep placed vertically on right frontal region about 3 cm. Above right eye brow. Frontal bone fractured. (2) Lacerated wound 4 cm. X 2 cm. X bone deep on right cheek. Post mortem burn injuries were also found on face, eye-brows, scalp, both hands, lower abdomen and left leg ranging from 2nd to 4th degree. In her case also the cause of death was found to be COMA on account of ante-mortem head injury.