We have carefully gone through the material on record.
The trial companyrt acquitted all the accused by its judgment dated 12.5.1981 but in appeal the High Court companyvicted the appellants Ram Charittar and Kishori Lal under Section 302/34 IPC, and sentenced them to life imprisonment, but gave the benefit of doubt to the other companyaccused Ram Kumar and Chandrawati and thus affirmed their acquittal.
In the meantime, Sushila came out with her younger daughter Nandini rolling on the floor and both of them died near her door.
These witnesses and other people got hold of Ram Charittar, Kishori Lal and Chandrawati but Ram Kumar fled away.
They saw the accused Ram Charittar, Kishori Lal, Ram Kumar and Chandrawati companying out of the house of the deceased which was near their own houses.
The witnesses succeeded in apprehending the accused Ram Charittar, Kishori Lal and Chandrawati at the spot, but Ram Kumar made good his escape.
The post mortem report of the deceased shows that there are acid burn injuries on large parts of their bodies including their face, chest, neck, etc.
The bottle was broken and the acid splashed on the floor.
Being badly burnt with acid she was taken to the District Hospital, where she died.
Ram Charittar had in his hand a bottle of acid.
While crying she said that Badka Dada had thrown acid on them.
Ram Charittar applied some acid to his face and some acid fell on the face of his wife accused Chandrawati.
There were four accused in the case.
Heard learned companynsel for the parties and perused the record.
It is alleged that the accused killed Sushila widow of Ram Chet as well as her two young daughters Bindu and Nandini by throwing acid on them.
The prosecution case is that in between the eventful night at about 3 oclock, cries and shrieks emanating from the house of Sushila attracted her neighbours Bhagwati PW 2, Ram Din PW 3, Mangroo PW 4, Prem Narain PW 5 and several others to the scene.
Bindu elder daughter of Sushila was also badly burnt with acid.
The evidence of these four witnesses is companysistent.
Seeing the witnesses, Ram Charittar dropped the bottle of acid in the verandah of the deceased.
The appellants Ram Charittar and Kishori Lal, who are the brothers of one Ram Chet, are two of the accused.
It is alleged that the motive for killing Sushila and her children was to grab her property.
The other company accused were Ram Kumar son of Kishori Lal and Chandrawati wife of the appellant Ram Charittar.
The incident in question took place on the night of 28/29th March, 1980 in village Gaayghat, Police Station Kalwari, District Basti.
WITH CRIMINAL APPEAL NO.766 OF 2006 MARKANDEY KATJU, J. These two companynected appeals have been filed against the impugned judgment of the Allahabad High Court dated 14.12.2005 in Government Appeal No.2083 of 1981.
Thus there is strong circumstantial evidence against the appellants.
As regards the States appeal against the acquittal of Ram Kumar and Chandrawati, the High Court has given these accused the benefit of doubt.