KEWAL KRISHNA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been filed by Kewal Krishna against the judgment and order dated 8-4-1978 passed by the IV Additional District and Sessions Judge, Saharanpur, convicting the appellant and sentencing him to imprisonment for life u/S. 302 and to six months' rigorous imprisonment u/S. 323, IPC. Both the sentences were ordered to run concurrently.

(2.) The prosecution case is that Kewal Krishna was married to Smt. Vinod Kumari. One child was already about 2 years old and on 28-8-1977 Smt. Vinod Kumari was carrying the second child which had reached about 9 months of its existence. Kewal Krishna had come to stay with the in-laws in Pratap Nagar Colony within Police Station Mandi, distt. Saharanpur. It is said that on 28-8-1977 at about 5 p.m. Parvesh Kumar brought his brother-in-law i.e. the appellant Kewal Krishna along with a blood stained Sonta to the Police Station Mandi, Saharanpur along with some witnesses. An FIR was lodged by Parvesh Kumar (P.W.3) to the following effect (Translated into English by the Court):

(3.) This FIR was lodged at 5 p.m. in the presence of P.W.8 Inspector Ram Singh who took up the investigation and left for the place of occurrence along with Chaman Singh S.I. (P.W. 6). Under the directions of Ram Singh, the said Chaman Singh prepared the Panchayatnama, diagram and challan of the body (Ex. Ka-6 to Ka-8). The dead body was sealed and sent through constable Bashir Ahmad and Chandrapal for post mortem examination. Blood stained Kurta, Pyajama and dhoti of the accused were also taken, apart from taking into custody ordinary blood stained earth.