Lakshmi vs State Of U. P. - 2002 Supreme(SC) 864

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2002 Supreme(SC) 864

Lakshmi – Appellant
Versus
State Of U. P. – Respondent

JUDGMENT

Y.K. Sabharwal, J.-The first information report (FIR) was recorded on the statement of Sitaram father of deceased Ratan and Uncle of deceased Ramesh. Therein the names of accused Roshan and his four sons Lakshmi, Brahma, Kishan Chand and Shyam Sunder are mentioned. The 6th accused mentioned in the FIR is by description viz. - brother-in-law of Ishwar Chand.

2. The FIR, inter alia, records that Ishwar Chand of the same village as the informant had been murdered. The murder had taken place in different village, namely, Sondha, Police Station Modi Nagar, District Ghaziabad. Deceased Ratan, Moolchand who is brother of Sitaram and other men accompanied Brahma and Roshan to bring back the body of Ishwar. Ishwar was son of Roshan. After the body of Ishwar had been brought back to the village, when the villagers asked Roshan and his sons to perform the funeral rights of Ishwar, they said that it would be performed the next day in the morning. Brahma told Ratan that along with the body of Ishwar, they would also burn the bodies of his murderer. On this, Ratan told Brahma that first perform the ceremony of Ishwar. Next morning, Brahma and Lakshmi called Ratan and Ramesh, took them in