BHANU PRATAP TEWARI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal was filed by two appellants, Bhanu Pratap Tewari and Shankar Pratap Tewari against their conviction under Section 302, IPC and sentence of life imprisonment. Shankar Pratap Tewari, appellant was further convicted under Section 201, IPC and sentenced to 4 years R.I. for that count.

(2.) The facts referred to an incident that had taken place on 22-7-1975 at about 9.00 p.m. inside the house of the appellants in village Badhwa, P.S. Kabarai, district Hamirpur. In this incident Kastoori, wife of Bhanu Pratap had lost her life. The dramatis persons in the incident Smt. Kastoori allegedly had killed herself by firing from the country made pistol belonging to her husband. The gun shot report attracted to the spot Virendra Singh PW 2, Mahendra Singh PW 3 and Ram Khelawan PW 4 apart from Shanker Pratap Tiwari, the informant. The first information report of this incident was registered at P.S. Kabarai on 22-7-1975 at 9.30 p.m. It was a written report scribed and prepared by Shankar Pratap Tiwari. A copy of Check F.I.R. is Ex. Ka 25 and the memo is Ex. Ka 12. The victim was sent for medical examination at P.H. C. Kabrai. The medical examination was conducted by Dr. M.S. Srivastava, PW 7 at 9.40 p.m. who found the following injury on her person. One gun shot wound of entrance 4 cms. x 4 cms. on the left side of skull bone entered into the brain and the brain matter was protruding out, the depth on the wound on probe passed through the cranial cavity upto the other side of internal wall of skull.

(3.) No wound of exist was noticed. No tatooing or burning around the wound was found by the Medical Officer. The patient at the time was alive but was unconscious. The blood was coming out of the mouth, nose and ears. Dr., Srivastava found that the above injury was grievous and was caused by some firearm. The duration was fresh. The injury report of the victim Smt. Kastoori is Ex. Ka-10.