HARI LAL S O BABU LAL Vs. STATE

JUDGEMENT

(1.) This appeal is against the judgment and order dated 21-11-80 passed by the then IV Additional Sessions Judge, Fatehpur in Sessions Trial No. 134/80 convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to imprisonment for life.

(2.) This case relates to the murder of Smt. Sureshan wife of appellant, who is alleged to have been strangulated in the night of 5-1-80 in her nuptial home situated in village Unchebara within the circle of police station Husainganj, district Fatehpur. Undisputedly the appellant was married to Smt. Sureshan about three years before her death. She was daughter of Dhunni, a resident of Mirzapur Bhitari. Harish Chandra P.W. 2 is admittedly younger brother of deceased while Babu Lal P.W. 1 is appellant's father. The motive behind the murder is said to be non-fulfilment of dowry demand and also relations of the spouse being not cordial.

(3.) Prosecution case, in brief, is that two days prior to the occurrence, Dhunni and Harish Chandra P.W. 2 had gone to appellant's house for the 'VIDA' of Smt. Sureshan but when the appellant and his parents refused to send her, Dhunni went back leaving behind P.W. 2 Harish Chandra with his sister. Smt. Sureshan. It is alleged that in the night of incident appellant and his wife Smt. Sureshan alone were present inside the eastern kothari of appellant's house while his parents and Harish Chandra P.W. 2 were lying on cots outside in the Chaupal. The said kothari (Small room) is shown by letter 'A' while the Chaupal by letter 'B' in the site plan. Ex. Ka. 9 prepared by the Investigating Officer. At about 10 p.m. P.W. 2 Harish Chandra heard some noise coming from theabovesaid 'kothari' and noticed that the same was on account of appellant abusing his wife and soon after he heard cries of Smt. Sureshan which attracted at the scene of occurrence some villagers also. Appellant came out of the kothari and closed the door from outside and went to Shiv Narain Vaidya quietly without telling as to what had happened inside the kothari between him and his wife. Within a short time he came back with some medicine and tried to administer the same to Smt. Sureshan but she could not intake the medicine as she was already dead. One Ram Swaroop on coming to know of the sudden demise of Sureshan informed the police of P.S. Husainganj on the next day at 12.05 p.m. which was recorded in General Diary at Serial No. 9 whose copy has been proved at Ex. Ka. 2. Sub-Inspector Devi Dayal P.W. 7 was the Station Officer at police station Husainganj. In his presence the aforesaid information regarding death of Smt. Sureshan was given by Ram Swaroop. He recorded the statement of Ram Swaroop and proceeded to the place of occurrence. He found the dead body of Smt. Sureshan lying in front of the appellant's house. He appointed panchas and conducted inquest proceedings. Since some injuries were noticed on the dead body, it was decided to send the same for post-mortem examination for finding out the cause of death. Thereafter the investigating officer recorded the statements of witnesses Harish Chandra, Babu Lal and others and prepared site plan Ex. Ka. 9. Appellant Hari Lal was not found at his residence. After the receipt of result of post-mortem examination, case was registered under Section 304, I.P.C. Appellant Hari Lal was arrested on 11-1-80 and after completion of investigation, charge sheet Ex. Ka. 10 was submitted on 28-10-80.