CHANDRA BHAN Vs. STATE

JUDGEMENT

(1.) Instant Criminal Appeal has been filed against judgment and order dated 25-7-1980 passed by learned IV 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 AGA from the side of the State. We have also carefully perused the record.

(3.) According to the prosecution, Chandrabhan appellant used to live in his house in village Nandpura along with his wife Smt. Gullo and two children. Chandrabhan assaulted Smt. Gullo inside the room of his house by Phookni on 11-5-1978 at about 3.00 p.m. and stabbed her in her stomach by Ranpi, as a result of which she fell down bleeding profusely. The blood also splashed in the room and its walls. After so causing injuries to his wife, Chandrabhan dragged her in injured condition to a pit near his house and left her there at a distance of about 15 steps from his door. Children of the locality were playing there. They raised alarm that Chandrabhan had caused injuries to his wife Smt. Gullo. Hearing the alarm, P.W. 4 Pancham Singh, P.W. 6 Sobran Singh and one Parshadi went there and found Smt. Gullo lying in the pit in injured condition. There was blood in the pit. The earthen pieces stained with blood were also found there. Smt. Gullo was serious and was semiconscious. There was a petticoat on her person. Chandrabhan was trying to pull her by her Petticoat. The witnesses caught hold of him and tied him with rope to a "Neem" tree nearby the pit. Pancham Singh, Sobran Singh and Parshadi went to outpost of the police station to inform the police, but FIR was not lodged. In the meantime, Rambabu, younger brother of Chandrabhan, took, Smt. Gullo to S.N. Hospital, Agra, for treatment, Smt.Gullo was admitted, in S.N. Hospital, Agra, at 5.50 p.m. on 11-5-1978. Her injuries were, examined by P.W. 9 Dr. Ramesh Kumar Jasuja, who found the following 11 injuries on her body.