BALDEO Vs. STATE OF U P

JUDGEMENT

(1.) CHALLENGE in this appeal is the judgment and order dated 10.5.2002, passed by learned Sessions Judge, Lalitpur in S.T. No. 45 of 2001, under section 302, 120-B IPC, P.S. Jakhaura, District Lalitpur, whereby appellant Baldeo has been convicted under section 302 IPC and Smt. Deoki alias Deokia has been convicted under section 302/34 IPC and each had been sentenced to undergo imprisonment for life. Smt. Deoki alias Deokia has further been convicted under section 120- B IPC and sentenced to undergo RI for a period of two years.

(2.) THE facts germane to the appeal are that on 19.3.2001 at about 10.30 a.m. complainant Chhotey Lal son of Mauzi Aharwar resident of Rajpur submitted a written report to the police station Jakhaura, wherein he has stated that his cousin Ramoo son of Daulati aged about 32 years used to go to Khaliyan for guarding the crop near Gulkunda Kua. In the night of 18/19-3-2001 he was at the aforesaid field. On 19.3.2001 at 8.00 a.m. when the complainant reached at the aforesaid Kua, he found that Ramoo is lying dead on the cot. There were injuries on his neck. He has been done to death with axe by some unknown persons in the night. On the basis of this report, case no. 56 of 2001 under section 302 IPC was registered at police station Jakhaura against unknown persons, investigation whereof was taken up by S.O. Sri J.P. Pandey. He reached at the spot and interrogated the complainant there. The inquest on the dead body of the deceased was conducted and in sealed cover it was sent for post-mortem examination along with usual papers. He inspected the spot, prepared site plan and seized plain and blood stained earth as also blood stained Kathri, Rassi of the cot, Sira Patti and its legs through memo Ext. 19. Thereafter he interrogated other witnesses. During investigation complicity of accused Baldeo was revealed. On 21.3.2001 accused Baldeo was interrogated and he allegedly confessed to have killed the deceased and on his pointing out blood stained axe used in the crime was recovered. Thereafter the I.O. recovered the blood stained axe, blood stained wearing apparels of Baldeo through Memo Ext. Ka-4. It was also revealed that accused Baldeo was having illicit relations with accused Smt. Deoki and both of them conspired together to eliminate the deceased. Accused Deoki was also arrested and at her instance the old clothes with which blood stains of axe were removed was recovered through Memo Ext. Ka-5.

(3.) THE investigating officer submitted his report to the C.J.M. Lalitpur for recording the confessional statements of both the accused persons. The CJM directed the Special Judicial Magistrate, Sri K.K. Devlia to record statements of the accused persons.