SURESH SINGH Vs. STATE

JUDGEMENT

(1.) Criminal Appeal has been filed against the judgment and order dated 18-6-1981 passed by Sri Giri Raj Kishore, the thenlllrd Addl. District & Sessions Judge, Bareilly in S.T. No. 17 of 1980, P.S. Hafizganj, District Bareilly, by which, he held appellant guilty under Section 302, IPC and convicted and sentenced him to undergo imprisonment for life.

(2.) Prosecution case, in brief, is that Smt. Munta Devi aged about 18 years was married to P.W. 4 Ram Asrey Singh of village Madhopur, about 21/2-3 months prior to the occurrence. Gauna ceremony of Smt. Munta Devi had not taken place. About 8 days before the occurrence, appellant Suresh Singh, who was too resident of village Madhopur and is brother-in-law of deceased Munta Devi brought Smt. Munta Devi to his house. On the date of occurrence i.e. 23-7-1979 at about sun set, after hearing the noise of fire arm several persons of the locality reached at the house of accused/appellant along with husband of Smt. Munta Devi. Smt. Munta Devi, who was conscious, deposed that, her brother-in-law Suresh Singh had fired on her. Within an hour Smt. Munta Devi died due to the injuries of fire. Next day on 23-7- 1979 at about 12.30 p.m. Chaukidar Jhau Ram lodged a report.

(3.) During investigation, pellets and tikli were found on the spot and same were taken into possession and fard was prepared. Plain soil and blood stained soil was taken into custody and fard was prepared. The post mortem of the deceased Smt. Munta Devi was conducted by Dr. I.S. Tomar on 24-7- 1979 at about 4.30 pm.