KIRAN MISHRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Smt. Kiran Mishra has preferred this appeal the judgment and order dated 27-10-1980 passed by the then Sessions Judge, Saharanpur in Sessions Trial No. 307 of 1980 whereby she has been convicted under Section 302, I.P.C. and sentenced to imprisonment for life.

(2.) The case relates to the murder of Ramesh Chandra, the husband of the appellant and his younger brother Naresh Chandra. Both these persons are alleged to have been murdered at about 5 a.m. on 10-4-1980 in the quarter occupied by Constable Patan Din Mishra, the father of the appellant. At the relevant time Constable Patan Din Mishra was an employee of G.R.P. Saharanpur and resided in one of the G.R.P. quarters at the Mall Godown Road within the area of police station Sadar Bazar.

(3.) Appellant Smt. Kiran Mishra after completing graduation in Bareilly college was maried to the deceased Ramesh Chandra who was a constable in G.R.P. Tundla. The marriage took place on 11-4-1979 but the relations between the appellant and her husband were not cordial from the beginning and Kiran Mishra during the relevant period was living with her parents at Saharanpur. It is said that on 10-4-1980 at about 3 a.m. Ramesh Chandra came to the house of his father in law accompanied by his younger brother Naresh Chandra aged about 22 years. They both were sleeping in the Verandah Constable Patan Din was on reserve duty at the G.R.P. Station. At about 5 a.m. Constable Shiv Kumar PW 1 and Constable Jai Pal Singh, PW 3 whose quarters were situated close to the quarter of Patan Din Mishra heard sound of a fire emanating from the house of Patna Din Mishra. They rushed towards this quarter and in the meantime heard another sound of fire and when they entered into the house through the door, they in the electric light saw that Kiran Mishra the appellant was holding single barred gun in her hand and she fired one shot on Ramesh Chand who was then sitting on a cot lying in the Verandah. Before they could do anything, Smt. Kiran Mishra reloaded the gun and fired another shot on Naresh Chandra who was also present on an another cot in the same Verandah. The said constables then over powered Smt. Kiran Mishra and apprehended her with empty cartridges and gun. Both Ramesh Chandra and Naresh Chandra died instantaneously. The sound of fires attracted at the scene of occurrence Constable Patan Din Mishra, Station Officer Mahaveer Singh Yadava and few others. Smt. Kiran Mishra along with Gun and cartridges was handed over to the Station Officer Mahabir Singh Yadava, PW 5. Constable Shiv Kumar Sharma PW 1 lodged written report Ex. Ka 1 at the police station Sadar Bazar on the same morning at 6.10 a.m. PW 8 Constable Clerk Hashmat Khan prepared Check F.I.R. Ex.Ka 2 and registered the case in the General Diary. Inspector Hari Prakash Sharma, PW 7 took up the investigation and proceeded to the place of occurrence where he found Smt. Kiran Mishra in the custody of Station Officer, Mahabir Singh. He took her into his custody so also the gun and four empty cartridges through recovery memo Ex. Ka. 13 and also interrogated her and after interrogation she was sent to jail. The Investigating Officer then interrogated constable Shiv Kumar and Station Mahabir Singh, made inspection of the Scene of occurrence and prepared site plan Ex. Ka 18. Thereafter he recorded the statement of constable Jai Pal Singh and took into his possession the blood stained clothes, earth Plaster on the wall, the strings of the cot and other things lying near the cots which are material Ex. 11 to 22. He also interrogated Constable Patan Din Mishra and other inmates of the house.