BADRI Vs. STATE OF U.P.

JUDGEMENT

(1.) This is an appeal against the judgment and order passed by the First Temporary Civil and Sessions Judge, Allahabad, convicting Badri appellant under Sec. 304, Indian Penal Code and sentencing him to five years' R. I.

(2.) The facts giving rise to this appeal are as follows:- Badri Prasad appellant is resident of village Kashia Pachhi Police Station, Kokhraj District Allahabad, Smt. Gulabia (deceased) was his wife. According to the prosecution, Smt. Gulabia had illicit connection with one Nathu. This was resented by the appellant. At about 10.00 p. m. on 13.1.1969 the appellant, his wife and their children were sleeping inside the house. A small child was sleeping on the cot of the deceased. After Smt. Gulabia and the children fell asleep, the appellant placed the aforesaid child on his cot. He then took out a Phaura and gave a number of blows with it on the neck of Smt. Gulabia. Smt. Gulabia then died. The outer door of the house had been chained from inside. The appellant then placed the child on the cot of his daughter and after scaling the wall went to the thana and lodged the report there. The appellant was arrested. The Phaura, which had blood stains on it, was taken into custody by the police. There were blood marks on the kurta of the appellant. It was taken into custody by the police and was sealed in a bundle.

(3.) The police registered a case under Sec. 302, Indian Penal Code against the appellant and started the investigation. The investigating officer reached the spot. He took the dead body of Smt. Gulabia in his custody. After appointing Panchas, he prepared the inquest report. The dead body was then sent for post-mortem examination. The blood stained clothes of the deceased were taken into custody. There were blood marks on the ground. Blood stained earth was also taken into custody. All the blood stained articles were sent to the Chemical Examiner and Serologist. The Serologist reported that the Kurta of the appellant and the Phaura as well as the blood stained earth were stained with human blood. After completing the investigation, the police challaned the appellant. He was tried, and convicted and sentenced, as stated above.