CHANDRABHAN Vs. STATE OF U P

JUDGEMENT

(1.) -Instant criminal appeal has been filed against judgment and order dated 25.7.1980, passed by learned IVth Additional Sessions Judge, Agra in Sessions Trial No. 656 of 1978, State v. Chandrabhan, under Section 302, I.P.C. by which the appellant has been awarded sentence of life imprisonment for committing murder of his wife Smt. Gullo.

(2.) WE have heard Sri V. P. Tripathi, learned amicus curiae for the appellant and Sri A. K. Awasthi, learned A.G.A. from the side of the State. WE have also carefully perused the record.

(3.) INFORMATION was sent to the City Magistrate, IInd Agra, Sri. R. S. Dohrey, who reached the hospital in the night of 11/12.5.1978 at 2.15 a.m. P.W. 18 Doctor Rajiv Kumar, House Surgeon was on duty at that time. Dr. Rajiv Kumar examined Smt. Gullo and found that she was in fit condition to make dying declaration. After fitness certificate given by the Doctor, the Additional City Magistrate Sri. R. S. Dohrey recorded the dying-declaration of Smt. Gullo in which she stated that on 11.5.1978 at about 4 p.m. she was sleeping where her husband Chandrabhan came and assaulted her with phookni. She raised alarm, but there was none in the house. Then Chandrabhan took ranpi and stabbed in her stomach and thereafter he dragged her outside the house and went away and then she became unconscious. She also stated that her husband acted like a mad person and no quarrel had taken place with him. Her two children were sleeping in the house. She was married 13 years before and no quarrel had taken place earlier. This madness like condition of her husband was for the last few months.