MEHI LAL Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been filed by Mehi Lal against the judgment and order dated 30.1.2006 passed by Shri G. K. Pandey, Additional Sessions Judge / F.T.C No. 1 Gonda, in Sessions Trial No. 47 of 2004, State v. Mehi Lal, convicting and sentencing him to life imprisonment and a fine of Rs. 5000/-under Section 304 of the Indian Penal Code, for short IPC, and in default of payment of fine, for further imprisonment of five months.

(2.) The prosecution case, in brief, is that one Sahej Ram of village Naresh Lonian Purwa, a hamlet of village Rukmangadpur, Police Station Kauria, District Gonda, was having illicit relations with Appellant's wife Nankoon PW-3, who was residing in village Jangey Lonian Purwa, another hamlet of the same village. During the intervening night of 11/12.5.2002, at about 2.30 a.m., Sahej Ram woke up from the sleep and said to his wife Phoolpata PW-1 that he was going to cut sugarcane and proceeded towards his field with a Banka. She also accompanied him up to some distance but returned home when asked by her husband and went to sleep, but woke up on the uproar in the village that thieves had arrived and went to the sugarcane field but when she did not find her husband there, she went to the house of the Appellant, where she found him lying dead inside the house and the Appellant's wife was sitting there holding her injured fingers. She got the report of the incident, Ext. Ka-1, scribed stating therein that from the sugarcane field her husband had gone to Appellant's house as he knew that Appellant had gone in a marriage party and established physical relations with his wife, but the Appellant was present in the house and on seeing Sahej Ram in compromising position with his wife, attacked him with sharp edged weapons in a fit of rage as a result thereof Sahej Ram died on the spot. She gave the written report at the concerned police station at 10.25 a.m on 12.5.2002, on the basis of which a case under Section 304 IPC was registered against the Appellant.

(3.) Inspector Vijay Shanker Singh Yadav, PW-8, the then S.H.O. of the police station, took the investigation of the case in his hand and proceeded to the place of occurrence and got the inquest report, Ext. Ka-9, of the dead body of deceased Sahej Ram prepared by Sub-Inspector Raj Mangal Maurya. He inspected the place of occurrence and prepared it's site plan Ext. Ka-8. He recovered a blood stained Hansia (sickle), Mat. Ext.1, Gandasa, Mat. Ext.2, and Bugda, Mat. Ext.3, a blood stained sari, Mat. Ext.5, a pair of Chappal, Mat. Ext.6, a full pant, Mat. Ext.7 and a Gamchha, Mat. Ext.8 of the deceased which were smeared with blood from near the dead body and also took samples of the blood stained earth, Mat. Ext.9, and plain earth, Mat. Ext.10, from there and after preparing it's memos Ext. Ka-15 to Ka-18 sent the dead body for post mortem examination.