ACHCHEY LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) -This criminal appeal is directed against the judgment and order in Sessions Trial No. 271 of 1989 passed by the special and additional Sessions Judge, Azamgarh, Sri Sanwal Singh dated 30-4-1991, convicting the appellant Achchey Lal under Sec. 302 I. P. C. and awarding him to death sentence. The Reference No. 2 of 1991 made by the learned court below for the confirmation of the sentence is also connected with the above appeal.

(2.) According to the prosecution case, an FIR. was lodged by Mirchabi at 8.20 P- M. on 6-4-1988 at the police station Ahraula, district Azamgarh, about an incident which had taken place at about 6.30 p. m. in a village, Kanpur Balhma. Smt. Samrathi aged about 70 years, was murdered by appellant, Achchey Lal at the instigation of co-accused Raj Deo, Jia Lal and Ramgya. It is stated that the co-accused person with the appellant, Achchey Lal had enmity with Smt. Samarathi and a number of cases were going on between them. On account of the said enmity, the accused persons and the appellant had reached the village Khaupur Balhma at the time of incident. The informant, Mirchahi, stated in the F. I. R. that Smt. Samarathi was his sister and her husband, Madho Yadav, had died five years ago. There was no issue of Smt. Samarathi. The informant, Mirchahi, used to look after the deceased Samarathi and stayed with her at her village Khaupur Belhma. It is said in the c I R that the aforesaid accused persons had reached the door of the house of Samarathi and had asked, where Samarathi was. In the mean time Smt. Samarathi came out of her house. On seeing these persons, she tried to run towards the village and reached near the door of Rajendra when the appellant, Achchey Lal, fired with a country-made pistol on her hitting her on her back. She fell down and died on the spot. The informant stated that he and Ram Daur Yadav and a number of villagers had seen the incident of assault. The informant lodged the F.I.R. at 8.20 p m. at the police station Ahraula which is at a distance or 7 km. from the scene of incident.

(3.) The report was recorded by the Head-constable, and check report as prepared. The investigating officer reached the place of occurrence at the village Khaupur Belhma the same night at about 10.20 p.m. He inspected the site of incident and recorded the statement of witnesses Ram Daur. The investigating officer did not prepare the inquest at night which was done on 7-4-1988 and a memo was prepared in presence of witness Desarath Yadav and Munnu which was proved in the sessions trial as Ext. Ka. II. The Investigating Officer had found the dead-body on a cot near the door of Rajendra. Blood stained earth was recovered along with clean earth from below the cot. After the inquest memo was prepared, the dead-body of deceased Samarathi was sealed and sent to the mortuary for post-mortem examination.