SURYA MANI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the High Court of Judicature at Allahabad confirming the conviction of the appellant Under Section 302, I.P.C., and the sentence of death passed on him by the learned Sessions Judge, Pratapgarh.

(2.) The prosecution case is that on July 16, 1970, at about 6 p.m., the appellant assaulted Smt. Mahdei while she was grazing her cattle in the field of Kedar Nath, and she died as a result of the injuries inflicted on her. The incident was witnessed by Nanku (P.W. 1), Ram Khelawan (P.W. 2) and Bachai (P.W. 4.) It is alleged that the reason why the appellant murdered Smt. Mahdei was that she was objecting to the appellant having relations with her daughter, Smt. Rani, P.W. 6.

(3.) Ram Khelawan, P.W. 2, who was a police constable posted at Police Station Cantonment, Allahabad, was then on leave. He took down the report and sent it to the Police Station through the Chowkidar. The First Information Report was registered at 9.10 p.m. The post-mortem examination revealed that there was four punctured wounds and one contusion on the body of the deceased.