MOHAN YADAV Vs. STATE OF U P

JUDGEMENT

(1.) This is an appeal against the judgment and order of Sri G.P. Srivastava, Sessions Judge, Ghazipur dated 3.2.1986 convicting the appellant Mohan Yadav under Section 302, I.P.C. and sentencing him to undergo imprisonment for life.

(2.) The prosecution case is that the appellant Mohan Yadav had committed the murder of his wife Smt. Sigeshwari Devi in his house about 3 a.m. in the night between April 4 and April 5, 1985 in village Rayeespur, P.S. Saidpur, District Ghasipur. It had been seen by the brother of the deceased Ram Narain Yadav P.W. 2, his friend Mangala Singh (P.W. 3), Kumar Yadav, the father of the appellant and some other persons living in the vicinity.

(3.) The document Ex. Ka 4 indicates that during preparation of the inquest report, the investigating officer had also made recovery of certain blood stained clothes and shoes of the appellant and the sickle and the broken Iota with which the injuries on Smt. Sigeshwari Devi had been inflicted. The sickle, had a pointed iron handle. Marks of blood had been present on it and also on the Iota.