STATE OF UTTAR PRADESH Vs. SHYAM SUNDER

JUDGEMENT

(1.) Yogwati, a housewife was butchered in her nuptial home by cutting her neck, chest and spinal cord. Her death followed instantaneously. Her brother-in-law Shyam Sunder was prosecuted for the murder. The Sessions judge who tried him found him guilty of the offence under Section 302 IPC and convicted him thereunder and sentenced him to imprisonment for life. When he appealed to the High Court of Allahabad a Division Bench thereof allowed the appeal and set aside the conviction and sentence passed on him. Against the said order of acquittal the State of Uttar Pradesh has preferred this appeal by special leave.

(2.) The prosecution story, in brief, can be narrated: yogwati and her husband Ram Sanehi were living together in their house at Ranikher Village, Mohanlalganj (Lucknow District). Respondent Shyam sunder and PW 1 Ram Sanehi had some disputes over division of family properties. It aggravated to hostility between them. When some household articles were partitioned, the brothers quarrelled with each other in which deceased Yogwati, naturally, took the side of her husband. This infuriated shyam Sunder. On 26-1-1981 while Yogwati was taking her food at about 9. 00 a. m. Shyam Sunder inflicted blows on her with an axe. At that time her husband Ram Sanehi was chatting with a neighbour Shatrughan (PW 3) just outside the gate of the compound. He overheard the sound of the commotion and the cry of Yogwati and then he along with Shatrughan rushed to the house and witnessed the remaining part of the occurrence in which Shyam sunder inflicted blows with an axe on the fallen victim. Another neighbour guru Prasad (PW 4) also came to the scene in the meanwhile. Shatrughan and Guru Prasad succeeded in overpowering the assailant, but by the time yogwati had slouched her head.

(3.) First information was lodged by Ram Sanehi (PW 1) at 1.45 p. m. at the police station. The investigating officer reached the place of occurrence and took Shyam Sunder into custody and seized the axe with which the offence was committed.