The court held that the prosecution had proved its case beyond reasonable doubt based on the testimony of an eyewitness, medical evidence, and the testimony of other witnesses.

( 1 ) THIS appeal has been filed by Tihul and his wife Smt. Ramapati against the conviction and sentence under Section 302/34, I. P. C. passed by II Addl. Sessions Judge, Basti on 23-8-1979 in Sessions trial No. 117 of 1979.

( 2 ) THE charge against the appellants was that both of them in furtherance of common intention, sometimes in the night between 18/ 19/11/1978 inside their house, situated in village - Ratan Purwa, police station - Rudhauli committed the murder by intentionally causing the death of Smt. Ramraj, their sister-in-law (Bhabhi) punishable under Section 302/34, IPC.

( 3 ) APPELLANT Tihul and Ramasrey are brothers, Tihuls wife is appellant Smt. Ramapati, while late Ramasreys wife is Smt. Ramraji, deceased in this case. Both the brothers and their family were living in one and the same house. The cultivation was also joint. Ever since the death of Ramasrey about 11 months ago the deceased Smt. Ramraji was living with her two minor daughters, Km. Phulwa and Km. Gulab in the same house. Km. Phulwa was about 8 years and Km. Gulab 6 years. In the revenue records the name of late Ramraji was continuing for which Smt. Ramraji was making efforts to get her name mutated against the name of late Ramasrey for which she had already contacted her brother Jasoo Kurmi, aged about 50 years, resident of neighbouring village Mushar, police-station, Rudhauli. It appears that Jasoo had already talked to Smt. Ramraji and had fixed to go on the next Wednesday on which day he would have taken the steps for mutation, etc. The prosecution case further is that in order to have the property grabbed Tihul and his wife were having quarrel with Smt. Ramraji so that she may be outsted and they could usurp the half-share in the property. Jasoo, therefore, thought of getting a partition suit filed through Smt. Ramraji.

( 4 ) FURTHER case of the prosecution is that in the night between 18/19-8-78 the deceased Ramraji and Km. Phulwa, P. W. 3 and appellant Smt. Rampati were sleeping in the room whereas the appellant Tihul was sleeping in the outer room. A Dhirbri was burning inside the room of the deceased. Sometime in the late night Tihul came inside the room after Smt. Ramapati had unbolted the same from inside where she was also sleeping on the said night. Appellant Tihul placed a Danda (stick) on the neck of the deceased Smt. Ramaraji and caused her death by strangulation as a result of pressing the same against the neck of the deceased causing asphyxia. The helpless daughter tried to raise hue and cry but she was slapped by Smt. Ramapati appellant and forced to keep quiet. Tihul threatened that Smt. Ramraji was unwell and she has to be taken to the physician for treatment in which he took the bullock-cart of Dharamraj on which he kept the body of Smt. Ramraji by covering it with cloth and left the house for going allegedly to the doctor. Finding an opportunity Km. Phulwa immediately rushed to her maternal uncle Jasoo in the neighbouring village and narrated the entire story to him. Jasoo in his turn accompanied the niece Km. Phulwa and found that Tihul and his wife were taking the dead-body in the bullock-cart on the Rasta which passed through the grove of Dharamraj. On asking by Jasoo he was informed by Tihul appellant that Smt. Ramaraji, was being carried to the hospital for medical treatment. Similar was the statement of Smt. Rampati, the other appellant. On challenging that they havecommitted the murder of his sister and the offer to take her for treatment to the physician was a concoction, both the appellants ran away from the grove. In the meantime other villagers including one Dhanpat, nephew of Jasoo had arrived there and leaving the dead-body of Smt. Ramaraji in the custody of Dhanpat, Jasoo rushed to the police station Rudhali to lodge an F. I. R. An oral report was consequently registered at police station Rudhali by Jasoo on 19-11-1978 at 2. 45 p. m. , the distance from the said grove being about five miles. This F