SAKAL DEEP Vs. U P STATE

JUDGEMENT

(1.) This jail appeal has been preferred by Appellant Sakal Deep against the judgment and order dated 12-11-1982 rendered by the Sessions Judge, Jaunpur in Sessions Trial No. 50 of 1981 convicting the appellant under S. 302, I.P.C. and sentencing him to the Life Imprisonment.

(2.) Prosecution story as contained in the First Information Report (Ex.Ka. 1) is that Smt. Inri the deceased, was cousin sister of appellant Sakaldeep. She was married to Sidhari, resident of Rupipur, Police Station, Dostpur, District Sultanpur. On 30th of January, 1981, the deceased had come from her father-in-law's house and she stayed in the house of her step-brother, Sakaldeep, appellant. Informant Laldeo (since deceased) and his wife Smt. Sita heard the noise of his sister Inri deceased "Bachao-bachao, Jan se martey hai" from the house of appellant. He and his wife woke up and ran to the house of the appellant and saw that Sakaldeep was giving Kulhari blows to the deceased. In the mean while Sangram P.W. 2, Bansi P.W. 3 and Jiya Lal also reached there. The appellant gave several blows to the deceased and he ran with axe towards the informant and his wife, they receded. Thereafter he ran away with the axe. The informant and other persons saw the deceased lying dead on the ground. Information of the occurrence could not be furnished in the night but it was furnished on 31/01/1981, in the morning.

(3.) The prosecution has examined Smt. Sita P.W. 1, the wife of informant Baldeo (since deceased), Sangram P.W. 2 and Banshi P.W. 3. These are eye-witnesses. P.W. 5 Dr. H. K. Varma, Medical Officer, District Hospital, Jaunpur, conducted the post-mortem examination and prepared the report on 1/02/1981. He found following ante-mortem injuries :-