BHAGWATI Vs. STATE OF U.P.

JUDGEMENT

(1.) THE appellant Bhagwati has preferred this appeal against the judgment and order dated 21.9.1981 rendered by Sri N.B. Asthana, the then II Additional Sessions Judge, Raebareli in S.T. No. 6 of 1981, State versus Bhagwati, whereby the learned Additional Sessions Judge has convicted and sentenced the appellant under section 302 IPC to under go imprisonment for life.

(2.) THE prosecution story leading to this appeal is that the appellant Bhagwati and the deceased Vrinda Ban's daughter PW-3 Dharma Devi were husband and wife but their relations were strained due to which PW-3 Dharma Devi was living in the house of her father and was not agreeable to go and live with the appellant. According to PW-3 Dharma Devi, she was being ill-treated by the appellant and his family members, due to which she started to live with her parents leaving the house of the appellant. It may, however, be mentioned that PW-3 Dharma Devi had lived for about six months in all with the appellant before the incident in question. On 5.11.1979, the deceased Vrinda Ban, his daughter PW-3 Dharma Devi and his son Goverdhan had visited the house of the informant PW-1 Shiv Bhajan, who happens to be the maternal uncle of PW-3 Dharma Devi, in connection with Hatiya Ka Mela. The appellant Bhagwati had also come there to request the deceased to "send off" of PW-3 Dharma Devi with him and stayed in the house of PW-1 Shiv Bhajan in the night. The tried to persuade PW-3 Dharma Devi even at the house of PW-1 Shiv Bhajan but she was not agreeable to go with the appellant, consequently, the deceased Vrinda Ban refused to 'send off' PW-3 Dharma Devi. It is also alleged that on 6.11.1979 at about 5.30 PM the deceased, his son and daughter (PW-3 Dharma Devi) as well as the appellant left the house of informant PW-1 Shiv Bhajan for going to their houses. When they reached the village Kakrahiya Purwa near a well at about 5.30 PM an exchange of hot words took place between the appellant and the deceased. The appellant, thereupon assaulted the deceased with a hockey stick, consequently, the deceased sustained a serious head injury and became unconscious. The appellant fled away after assaulting the deceased. It is also alleged that the deceased was immediately taken to the District Hospital Raebareli for treatment where he succumbed to injuries on the next morning at about 5.00 AM. After the death of the deceased Vrinda Ban, his brother in law Shiv Bhajan (PW-1) lodged the FIR at police station Dalmau on 7.11.1979 at about 12.30 PM, on which basis the police registered the case and held the investigation.

(3.) THE injured (deceased) was unconscious at that time. His pupils were dilated and were not reacting to light. The injury was kept under observation and an x-ray thereof was advised. According to Dr. Surendra Singh (PW-4) the injury of the injured (deceased) was caused by a blunt object and was about a half day old at the time of medical examination. The injury report prepared by Dr. Surendra Singh (PW-4) is on record as Exhibit Ka-2.