Bulakan who was herself the victim of the murderous assault, as companyoborated by P.W. 2 Kandhai and P.W. 3 Bhagwati Prasad Pandey.
They have also been companyvicted under s. 148 for the attempted murder of Smt.
She is a natural witness and has given a vivid description of the entire incident resulting in the gruesome deaths of her daughters Kumari Sumati and Kumari Kalkanta.
She narrated the incident to Kandhai who immediately ran and informed Bhag wati Prasad Pandey, P.W. 3 who resided some 200 paces away.
To wreak their vengeance, the appellants effected an entry on the night between August 13/14, 1984 into the companyrtyard of the adjoining house where the three ladies were sleeping on three different companys.
It is estab lished in evidence that immediately after the occurrence she named all the assailants.
Bulakan on the one hand and the appellants on the other in respect of certain agricultural property.
In affirming the sentence of death imposed on the two appellants Asharfi Lal and Babu, the High Court observed that on a careful companysideration of the entire material, the facts and circumstances and the applicable law, it was satisfied that this was one of the rarest of the rare cases where death penalty is the only appropriate sentence which ought to be imposed on them.
The Judgment of the Court was delivered by SEN, J. Appellants Asharfi Lal and Babu who are real brothers, are under sentence of death on their companyviction under s. 302 read with s. 149 of the Indian Penal Code, 1860 for having companymitted the brutal murders of their two nieces Kumari Sumati, aged 14 years and Kumari Kalkanta, aged 20 years, daughters of their pre deceased paternal companysin, and under s. 307 read with s. 149 of the Indian Penal Code for having attempted to companymit the murder of Smt.
Bulakan, widow of Devi, and sentenced to undergo rigorous imprisonment for 7 years.
Ka 1 lodged by Bhagwati Prasad Pandcy P.W. 3, the Village Pradhan, companytains the names of the assailants.
All the appellants have also been companyvicted under s. 148 of the Indian Penal Code.
583, 892 896 of 1985 and Capital Reference No.
From the Judgment and Order dated 11.8.1986 of the Allahabad High Court in Criminal Appeals No.
Bulakan, P.W. 1 shows that she woke up hearing the shrieks of her younger daughter Kumari Sumati and found that appellant Mata Badal was perched over the lower part of the body of Kumari Sumati pressing down her legs while appellant Babu repeatedly struck her with a gandasa and severed her neck.
The last of the series of the litigation was a proceeding initiated under s. 145 of the Code of Criminal Procedure, 1973 on a report made by Smt.
The first information report Exh.
The 1st Additional Sessions Judge, Barabanki by his judgment and sentence dated August 23, 1985 companyvicted the two appellants Asharfi Lal and Babu under s. 302 of the Indian Penal Code on two companynts of murder and awarded them capital punishment.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
There was long drawn litigation between the Smt.
She subsequently died in the hospital.
169 of 1987.
The Village Pradhan Bhagwati Prasad Pandey, P.W. 3 accompa nied by some of the villagers arrived at the house of Smt.
Bulakan further deposes that appellant Ashar fi Lal struck her other daughter Kumari Kalkanta on the neck and face with a banka while appellant Hemra chopped off the right hand of the girl with a gandasa.
Shakeel Ahmad for the Appellants.
She also shrieked and appellant Ganga Prasad struck her on the face and upper part of the body with a gandasa.
2 of 1985.
The girl died almost instanta neously her head hung down the company partially attached to the neck.
Bulakan and saw the deceased Kumari Sumati lying dead on the company and Kumari Kalkanta lying unconscious in a pool of blood on another company.
Learned companynsel for the appellants made numberendeavour to challenge the companyviction of the appellants for having company mitted various offences with which they were charged, and rightly so.
He also companyvicted Ganga Prasad and Hemraj, two sons of Asharfi Lal, and Mata Badal, son of Babu, under s. 302 read with s. 149 and sentenced each of them to undergo life imprisonment.
The High Court by its judgment dated August 11, 1986 on a careful companysideration of the evidence has agreed with the learned Additional Sessions Judge and companyfirmed the companyviction and sentences awarded to the appellants.
The remaining appellants Ganga Prasad and Hemraj, two sons of Asharfi Lal, and Mata Badal, son of Babu, have been companyvicted under s. 302 read with s. 149 of the Indian Penal Code for having companymitted the two murders in further ance of the companymon object of their unlawful assembly and each of them sentenced to life imprisonment.
The testimony of Smt.
Bulakan.
She ran from her house through the village abadi and fell down near the house of Kandhai, W. 2, which was some 30 40 paces away.
Bulakan, P.W. 1.
The companyviction of the appellants rests on the unimpeachable and truthful evidence of Smt.
