RAJU YADAV Vs. STATE OF U P

JUDGEMENT

(1.) This jail appeal has been preferred by the accused-appellant Raju Yadav against the judgment and order dated 25.4.2011 passed by Sessions Judge, Shahjahanpur in S.T. No. 93 of 2011 whereby the accused-appellant has been convicted under sections 302 IPC and sentenced to death and further convicted under section 307 IPC and sentenced to life imprisonment.

(2.) The prosecution case was that on 15.10.2010 at 6.45 a.m. the complainant Satish Chandra Yadav submitted a written report at police station Khutar to the effect that his family related brother Raju Yadav son of late Ram Ladaitey lives in his village along with his wife and children. Raju Yadav used to doubt about the character of his wife Kanti. Due to which there was domestic quarrel in their house. The complainant's wife Shanti and Kanti wife of accused-appellant were cousin sister. Due to this the complainant's wife Shanti used to persuade to Raju Yadav not to harass his wife and children and not to doubt about the character of his wife. At this Raju Yadav used to remain annoyed with the complainant's wife Shanti. In the intervening night of 14/15.10.2010 after mid-night due to doubt about the character of his wife and domestic quarrel Raju Yadav killed his wife Kanti, daughters Shilpi and Shimmo assaulting with axe and he also caused grievous injuries on the head of his son Gopi Krishna alias Kunnu with axe and after this incident at about 5.00 a.m. in the morning the accused-appellant Raju Yadav committed murder of complainant's wife Shanti with axe near his house in the rice field of Babloo Pandey when she was going to ease herself. Seeing this incident complainant, his brother Rakesh and one Ram Singh of his village tried to apprehend Raju Yadav but he fled away after threatening and showing the axe. Seriously injured Gopi Krishna alias Kunnu had been admitted in Surya Hospital for treatment.

(3.) On the basis of above written report (Ext. Ka.1) a criminal case under section 302 and 307 IPC was registered against accused-appellant Raju Yadav. During investigation the Investigating Officer collected plain and blood stained earth from the place where the dead body of Smt. Shanti was lying and also took her Chappal in possession and prepared recovery memo (Ext. Ka.30). He also took plain and blood stained earth where the dead bodies of Smt. Kanti and Km. Shilpi were lying and prepared the recovery memo (Ext. Ka-31). From the house of accused-appellant the blood stained domestic articles, utensils, broken bangles of red colour and hairs were taken into possession and recovery memo (Ext. Ka.32) was prepared. The inquest on the bodies of Kanti, Shilpi, Shimmo and Shanti were prepared by P.W. 6 S.I. Sanjay Kumar Singh and dead bodies were sent for postmortem. The postmortem of all the deceased Kanti, Shilpi, Shimmo and Shanti were conducted by P.W. 3 Dr. Prem Prakash Srivastava.