BUDHI LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS appeal preferred under Section 374(2) of Code of Criminal Procedure, 1973 (hereinafter referred as Code of Criminal Procedure.), is directed against the judgment and order dated 19 -12 -1986 passed in Sessions Trial No. 8 of 1986, by learned Sessions Judge, Chamoli, whereby Appellant Budhi Lal has been convicted under Section 302 of Indian Penal Code, 1860 (hereinafter referred as I.P.C.) and sentenced to undergo imprisonment for life.

(2.) HEARD Learned Counsel for the parties.

(3.) THE Magistrate on receipt of the charge sheet, after giving necessary copies as required under Section 207 of Code of Criminal Procedure. to the accused committed the case to the Court of Sessions for trial. Learned Sessions Judge, after hearing the parties framed charge of offence punishable under Section 302 of I.P.C. against the accused Budhi Lal on 05 -03 -1986. The accused (appellant) pleaded not guilty and claimed to be tried. The clerical correction was made on the charge on 25 -09 -1986 and in place of date '09 -10 -1985', expression '9/ 10th August 1985' was substituted and the accused was given an opportunity if he wants to further cross -examine the prosecution witnesses, but he declined to make any further cross -examination. The prosecution got examined P.W. 1 Dr. S.K. Srivastava, who conducted the post mortem examination on the dead body of Jashu Devi, P.W. 2 Kedar Singh, Village Pradhan, who sent the Report (Ext. A -2) to the Patwari, P.W. 3 Jaspal, an eyewitness, P.W. 4 Sushila Devi, daughter of accused and deceased (declared hostile), P.W. 5 Dhoom Singh, who accompanied Village Pradhan, and P.W. 6 Kareem Bux, Investigating Officer. Oral and documentary evidence adduced by the prosecution was put to the accused under Section 313 of Code of Criminal Procedure. with regard to which he admitted having two wives and also admitted that he was in his house with his wives and children on the day of incident. He also admitted in his reply under Section 313 Code of Criminal Procedure. that he had a strained relation with his second wife Jashu Devi on account of her relationship with Jaspal. However, as to the evidence of the witnesses that he (Budhi Lal) committed murder of his wife, the accused stated that the same is false. As to the opinion of Doctor that his (Budhi Lal's) wife died due to suffocation as a result of obstruction in respiratory passage, the accused in his statement under Section 313 of Code of Criminal Procedure. has stated that the Doctor has opined so. No evidence was adduced in defence. After hearing the parties, learned Sessions Judge found accused Budhi Lal guilty of charge of offence punishable under Section 302 of I.P.C. He after hearing on sentence sentenced the convict under Section 302 of I.P.C. to imprisonment for life. Hence this appeal was filed by the convict before Allahabad High Court on 04 -02 -1987, where it was admitted on said date. The appeal is received by this Court under Section 35 of U.P. Reorganisation Act, 2000, for its disposal.