BAIJ NATH Vs. STATE OF U P

JUDGEMENT

(1.) The present criminal appeal has been filed by Baij Nath son of Budhu resident of Janki Ka Purwa, Hamlet Mawai, P.S. Husain Ganj, District Fatehpur challenging the conviction and sentence under section 302 IPC passed by Vth Additional Session Judge, Fatehpur on 4.3.1982 in S.T. No.238 of 1981, State Vs Baij Nath, arising out of Case Crime No.55 of 1981, P.S. Husain Ganj, District Fatehpur.

(2.) Heard learned counsel for the appellant Mr. P. N. Mishra, learned Senior Counsel, assisted by Mr. D. K. Tiwari, Advocate, learned AGA for the State and perused the record.

(3.) The brief facts of the case is that Faguna father of the deceased Kumari Kusma resident of Janki Ka Purwa, P.S.Husain Ganj, District Fatehpur lodged the first information report at P.S. Husain Ganj, District Fatehpur at 9.30 A.M. on 5.3.1981. According to version of first information report in the preceding evening i.e. on 4.3.1981 when the meals were being prepared in the house, since there was no arrangement of vegetable, hence his daughter Km. Kusma aged about 18 years at about 6.30 P.M. went towards his field in the south west side of the village to bring onion from the field. When she did not return and there was unusual delay then he went to see his daughter in the onion field. He heard cry of his daughter and when he asked deceased, Km. Kusma, she replied that appellant Baij Nath was assaulting her by Khurpi. The complainant raised alarm and after hearing the alarm Nand Lal P.W.-3 resident of village Poore gobardhan with torch, Bhaggu resident of Dhanka Maee, P.S. Sultanpur, Ghosh and his wife Smt. Makoiya, who had gone to attend call of nature, reached on the spot. They challenged the accused appellant and flashsing the torch, asked the accused, as to what was he doing with his daughter. Complainant said that his daughter was just like his sister. Thereafter accused appellant ran away towards the south they chased but they could not apprehend him. By the side of his daughter, blood stained Khurpi was seen. She was taken to Mawaee hospital and after some time she expired. Next day morning the written report was lodged at P.S. Husain Ganj, District Fatehpur at 9.30 A.M. by P.W. 2, father of the deceased. The deceased was medically examined by Doctor S. K. Gupta, P.W. 5, at 9.00 P.M. on the same day i.e. 4.3.1981 and 20 injuries were found on person of Km. Kusma. The Investigating Officer, Sub-Inspector, Jag Jiwan Singh, P.W. 6 after preparing the memo of torch, handed over the torch to Nand Lal. Blood stained, plain earth and Khurpi was taken and separate memo were prepared. The bangles, one bala, two broken teeth and two pieces of bross chain were also recovered and fard was prepared, which is exhibit Ka-18. Prosecution examined P.W.-1. Doctor Mr. S.K. Singh, who conducted the post-mortem. P.W.-2 Faguna informant and eye witness P.W.-3 Nand Lal, P.W. 4 Afat Ram, Constable, who on the basis of written report prepared the chick FIR. P.W. 5 doctor S. K. Gupta, who examined the injuries of Km. Kusma at 9.00 P.M., P.W.-6 Investigating Officer, Sub-Inspector, Jag Jiwan Singh. The affidavit of one constable Ram Pratap Singh was also filed in evidence.