JANESHWAR PRASAD Vs. STATE OF U.P.

JUDGEMENT

(1.) The sole appellant Janeshwar Prasad has called upon us, in this appeal, to examine the fallibility and correctness of his conviction u/s 302/201 I.P.C. and imposed sentence of life imprisonment on the first count and three years R.I. for the second count recorded by Ist Additional Sessions Judge, Muzaffarnagar, in S.T. No.312 of 1981, State versus Janeshwar Prasad and Others, relating to police station Kotwali, district Muzaffarnagar. Noticeable here is the fact that by the impugned judgement and order learned trial court has acquitted rest of the four accused Musaddi Lal, Rameshwar, Munshi Lal and Baru from the charge u/s 201 I.P.C. which acquittal has now attained finality.

(2.) Prosecution case against the appellant was divulged during the trial through the narrations of various fact witnesses, Dr. Vijai Kumar,PW1, Sewa Ram PW2,Ram Pal PW3,Mool Chand PW4 and Satya Pal Saini PW5. From the perusal of testimonies of aforesaid witnesses it emerges that the informant Dr. Vijai Kumar, P.W.1, a medical practitioner by profession, along with Shambhu Ram, his elder uncle and Ram Pal,P.W.3, younger uncle were the residents of village Karanjali post Deoband, district Saharanpur. Shakuntla @ Kunta, (deceased) was his sister, who was married to the appellant Janeshwar Prasad, a tailor by profession, who was originally resident of village Khampur, but also had a house in Mohalla Ahata Aulia district Muzzafarnagar. Appellant and the deceased had two sons and along with them, they resided in mohalla Ahata Aulia, district Muzzafarnagar since February 1980. Their elder son was 18/ 19 years of age whereas the younger one was just 14/15. Appellant had developed infatuated love relationship with one Saroj, d/o Chandrabhan, who resided near Excise outpost in district Muzzafarnagar. Spouses feuded amongst them was a common affair because of extra marital relationship wherein appellant used to assault his wife/deceased. Appellant's extra marital relationship affair was also informed to the informant by his sister deceased Shakuntala. Informant, in tune with natural anxiety, had divulged it to both of his uncles. Many a times all the three of them remonstrated the appellant futilely to dissuade him to desist from his such activities, but it all yielded no results.

(3.) Informant,PW1,in routine course of his profession, used to visit Muzzafarnagar once of fortnight to purchase medicines for his patients and after purchases used to visit his sister to inquire about her wellbeing and often stayed with her over night. On 22.2.1980 also informant came to Muzaffarnagar to purchase medicines and thereafter, as usual, came to the appellants house to meet his sister in Mohalla Ahata Aulia, but found the house locked. On inquiry from the neighbours and locality residents he was made aware that in the past intervening night between 21/22-2.80 the sound of assault and beating had emanated from the house of the appellant and thereafter, at about mid night, sound of a car parking at the appellant's house was also heard. Five minutes later the car went away and thereafter the house was found locked. Coming to know of such facts informant P.W.1 Dr. Vijai Kumar returned to his village Karanjali and informed about it to his uncles, Ram Pal P.W.3 and Shambhu Ram. All the three of them thereafter came to appellant's village Khampur, where they met Satpal Saini P.W.5, who was Assistent Project Officer with Rohana Kala Board and under whose operational zone village Khanpur fell. Accompanying P.W.5, all the three witnesses came to appellant's house where they met him. On inquiry being made from the appellant regarding whereabouts of Shakuntala@ Kunta, appellant confessed his guilt before them and other collected people and disclosed that in the night he had a brawl with the deceased in which incident, from his hand, wife/deceased lost her life and in the night itself he had cremated her corpse. After making above confessional disclosure, appellant expressed remorse and pleaded with folded hands that although he had committed a sin but he be spared and excused. He fell down on the feet of the informant and the witnesses and requested them with folded hands to supress the incident. Thereafter, informant and his uncles returned to the appellant's house at Mohalla Ahata Aulia, where informant P.W.1 scribed the FIR, Exhibit Ka-1, and carried it to the Superintendent of Police, Muzaffarnagar, who made an endorsement, Exhibit Ka-1/1, for police station Kotwali on the said written report. A Constable was sent along with the informant and then all the persons firstly came to the police station Mandi and from there they came to the police station Kotwali, where informant/PW1 lodged his FIR.