BHAGI RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) THE appellant, Bhagi Ram is ag­grieved by judgement and order dated 25th October 1980 passed in Sessions' Trial No. 29 of 1979 by Sessions Judge, Pithoragarh, con­victing him under section 302, I.P.C. He has been awarded life imprison­ment. Therefore, he has come by way of appeal to this Court under section 374(2) of the Criminal Procedure Code, 1973.

(2.) CASE of the Prosecution Bhagi Ram (Appellant) was the step-son of the deceased Madhvi Devi. His marriage expenses were borne by the deceased, who used to pester him to repay her dues. Bhagi Ram (Appellant) was the son of Rami Ram. The deceased was the second wife of Rami Ram. Kishan Ram (PW3) was the step-brother of Bhagi Ram (Appellant). He was the real son of the deceased, Govind Ram (PW5) was the brother of Rami Ram and Uncle of Bhagi Ram (Appellant). Govind Ram (PW5) was the inform­ant. Kuri Devi (PW1) was the sole eye-witness to the incident, which took place on 13th June 1979 at around 10 a.m. in the courtyard of the house of Rami Ram in village Doli, Police Station Patti Nayadesh, District Pithoragarh. Kuri Devi (PW1) was the sister of Rami Ram, the fa­ther of Bhagi Ram (Appellant) and consequently, Kuri Devi was the aunty of Bhagi Ram (Appellant). We have mentioned the relation­ship between the appellant, PW1, PW3 and PW5 as PW1 & PW5 were declared hostile. According to the case of the prosecution, on 13th June 1979 at around 10 a.m., Bhagi Ram (Appel­lant) struck the deceased with an axe in the courtyard of the house of his father, Rami Ram. There was nobody in the house of Rami Ram. Village Doli was the maika of Kuri Devi (PW1). On 13th June 1979 Kuri Devi (PW1) was in her house adjacent to the house of Rami Ram. Bhagi Ram (Appellant) was living separately from the deceased. His own mother had died earlier. His marriage was per­formed by the deceased, Madhvi Devi. She had incurred marriage ex­penses. Kuri Devi (PW1) saw Bhagi Ram (Appellant) striking the de­ceased with an axe. Thereafter, he had fled. Govind Ram (PW5), uncle of Bhagi Ram (Appellant) informed the Patwari Shri. Gopi Ram (PW7), who was the 1.0. vide Tehrir (part of Ex. Ka. 10). Accordingly, on 13th June 1979 at 4:30 p.m. the chik FI.R. (Ex. Ka. 10) came to be lodged for offence punishable under section 302 I.P.C. Thereafter, the I.0. Shri Gopi Ram (PW7) attended village Doli and he appointed the Sabhapati, Gopal Datt (PW2) as the ranch. The I.0. (PW7) then prepared the Inquest Re­port (Ex. Ka. 1). He, then, collected blood-stained mud & also the plain mud from the courtyard vide Ex-. Ka. 2, which was proved by Gopal Datt (PW2). The Inquest Report (Ex. Ka. 1) was prepared by the I.0. on 13th June 1979 between 6:15 and 7:30 p.m. Bhagi Ram. (Appellant) was ar­rested on 13th June 1979 at 7:20 p.m. at Police Check Out Post at Jhulaghat, which is near Indo-Nepal border, by two police constables of that outpost. They were police con­stables Chattur Singh and Siya Ram. This was pursuant to the letter writ­ten by Patwari (PW7) dated 13th June 1979. This arrest is also re­corded by way of General Diary En­try (Ex. Ka. 8) dated 13th June 1979. According to this report, Bhagi Ram (Appellant) was arrested at 7:20 p.m. on 13th June 1979. The description of his clothes is also mentioned in the report (Ex. Ka. 8). According to Ex. Ka. 8, there were blood-stains on the shirt and paijama of the appellant, which were got removed and put in a poth. The arrest was made at Jhulaghat Check Out Post on behalf of the I.0. on 13th June 1979 at 7:20 p.m. and in the early morning on the next day i.e. 14th June 1979, the appellant was handed over to Shri Gopi Ram, the I.0. (PW7), who had come to Jhulaghat. The post-mortem was carried out on 15th June 1979 by Dr. B.S. Bist (PW4), Medical Of­ficer, District Hospital Pithoragarh. The post-mortem report (Ex.Ka. 5, wrongly marked as Ex. Ka. 6) re­vealed the following

(3.) ACCORDINGLY , we heard Mr. Mishra, learned amicus curiae for the appellant and Shri S.P.S. Panwar, learned Government Advocate for the State.