RAM KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) PALOK Basu, J. This is an appeal by Ram Kumar against his conviction and sentence under Section 302 I- P, C. to imprisonment for life recorded by the Third Addl, dated 6-12-1978. Sessions Judge, Jalaun at Orai, by his judgment and order

(2.) THE prosecution case is that Smt. Krishna Devi (deceased), wife of the appellant, had eloped with one Shivanath a few months prior to the occur rence. THE father of Smt. Krishna Devi could procure the presence of Suit. Krishna Devi and saw to it that she lived in the house of Pancham Lal temporarily, who is related to Smt. Krishna Devi, being the son of the Sarhu of the father of the deceased. THE prosecution case further is that Ram Kumar appellant had gone to the house of Pancham Lal and had talked with Smt. Krishna Devi and requested her to accompany to his village. A point-blank refusal by Smt. Krishna Devi resulted ;in a verbal altercation between the two. THE result was that the appellant got infuriated and attacked Smt. Krishna Devi with a knife which he was allegedly carrying in the pocket of his pant. THE first blow was saved by Smt. Krishna Devi. THE second blow landed on the stomach region which later on proved fatal, On the alarm raised,. Pancham, Chet Ram and Hori Lal and others rushed to the spot and saw the incident. THE accused ran away leaving his shoes there. A report of this incident was lodged by Pancham Lal at Police Station Kuthond, district Jalaun at 6. 05 p. m. on 23-9-1974 while the incident had happened the said day at about 4. 30 p. m. THE said F. I. R. gave rise to a case under Section 307 I. P. C. THE arrangements to send Smt. Krishna Devi for medical exami nation were made and she was actually examined by Dr. L. R. Quaraishi, the then Medical Officer, Primary Health Centre, Kuthond at 6. 45 p. m. THE case being serious, she was referred to the district hospital. THE F. I. R. was lodged in the presence of Chandrabali Shukla, the Investigating Officer, who recorded the statement of Smt. Krishna Devi also. On the report of the doctor a dying declaration was recorded by Sri G. S. Hashmi, S. D. M. concerned in the presence of doctor S. D. S. Chauhan who opined that Smt. Krishna Devi was in a position to give the dying declaration. However, Smt. Krishna Devi expired at 10. 10 a. m. on 26-9-1974.

(3.) THE appellant denied the charge and also denied having visited the house of Pancham Lal. He denied the recovery of the shoes and attributed his false implication due to various reasons. In other words, the factum of the murder of Smt. Krishna Devi has not been denied. THE only challenge has been as to the manner of the assault and as to who had caused an assault upon Smt. Krishna Devi.