SURESH VIYAR Vs. STATE

JUDGEMENT

(1.) This jail appeal arises out of a judgment of conviction and sentence passed by the Special Judge, S.C./S.T. Act, Mirzapur in Session Trial No.276 of 2001, dtd. 9/9/2002, whereby the appellant Suresh Viyar has been convicted and sentenced to life imprisonment under Sec. 302 IPC with a fine of Rs.1,000.00 and in default thereof to undergo fifteen days additional imprisonment. The appellant has also been convicted and sentenced to one year rigorous imprisonment under Sec. 201 IPC with a fine of Rs.500.00 and in default thereof to undergo seven days additional imprisonment, with the stipulation that all the sentences shall run concurrently.

(2.) Prosecution case, in brief, is that the first informant Raghuveer Viyar (PW-1) worked in a mining site at Mirzapur and was living in a hutment near Sonpur Pahadi. Other workers resided nearby including accused appellant Suresh Viyar son of Chan Dev. It is alleged that on the eventful night i.e. on 25/2/2001, at about 10.00 PM, the accused appellant Suresh Viyar had a fight with his wife and he also beat her. Being a neighbour of Suresh Viyar, the first informant (PW-1) intervened and objected to the accused beating his wife and also scolded him. This act of PW-1 is stated to have annoyed the accused appellant, who turned inimical. The accused appellant threatened the first informant that he would finish his family.

(3.) A first information report, on the basis of oral report of first informant PW-1, was lodged at 04.40 PM on 26/2/2001 at Police Station Ahraura, District Mirzapur. Distance of the place of occurrence from the police station was 05 kilometers. The Investigating Officer reached the spot and retrieved the dead body from plastic sack and prepared recovery memo (Ex. Ka.14) of dead body; bloodstained plastic bag; bloodstained earth and plain earth. The samples collected were sent for forensic examination. The inquest followed. The inquest witnesses were of the view that the deceased died on account of ante-mortem injuries caused to him and his dead body was packed in a plastic bag and thrown in the agricultural field and that the death is homicidal. The dead body was accordingly sealed and sent for postmortem. Dr. Captain Ashutosh Kumar (PW-5) performed the autopsy on the cadaver. The autopsy doctor opined the cause of death to be asphyxia due to haemorrhage as a result of following antemortem injuries:-