KAMLA KANT Vs. STATE

JUDGEMENT

(1.) Through this appeal, which has been preferred from jail, Kamla Kant challenges the judgment and order dated 1-9-1995, whereby he has been convicted and sentenced to undergo imprisonment for life for the offence punishable under Sec. 302, I.P.C. While the appeal was pending in this Court, we appointed Mr. B. K. Nigam as Amicus Curiae to appear on behalf of the appellant.

(2.) Shortly stated, the prosecution case runs as under:- The informant Chandra Bhushan Dixit P.W. 1 and Narendra Prasad P.W. 3 are the husband and father-in-law respectively of DV/EV/A144/2004/JDL-ABD/USA/ 18108/2004 the deceased Prem Lata and the brother and father respectively of the appellant-Kamla Kant. At the time of the incident, the informant, Narendra Prasad, Prem Lata, the a pant and Anoop Kumar P.W. 2 (the son of the informant and Prem Lata) were living in different portions of the same house in village Datel Kalan within the limits of Police Station Mitauli, District Kheri. The appellant was a bachelor. Since he was a bad character, no one was prepared to marry him. He had an evil eye on the deceased Prem Lata and before the incident often used to ask her to have sexual intercourse with him, which she used to refuse. This made the appellant inimical towards Prem Lata. On 12-2-1994, at about 7.00 p.m.. while the informant Chandra Bhushan Dixit. Narendra Prasad and other members of the family were warming themselves by the side of fire at their door and the deceased Prem Lata was attending to domestic chores inside the house, they heard cries of Prem Lata. Hearing them, they went inside the house and saw the appellant with a banka assaulting Prem Lata. Seeing them, the appellant ran away. As a consequence of the assault. Prem Lata succumbed to her injuries on the spot. At night, on account of fear of the appellant, the informant did not go to the Police Station to lodge his F.I.R. Next morning, he went to Police Station Mitauli where he scribed and lodged his F. I. R.

(3.) The evidence of Head Constable Awaneesh Kumar P.W. 7 shows that on 13-2-1994, he was posted as Head Moharrir at Police Station Mitauli. District Kheri and on the said date, at 7.20 a.m. the informant Chandra Bhushan lodged his written F.I.R. (Ext. Ka 4), on the basis of which, he registered a case in the General Diary and prepared the Chik F.I.R. (Ext. Ka 5). On the basis of the F.I.R., a case under Sec. 302, I.P.C. was registered against the appellant. It is pertinent to mention that the distance between the place of incident and the Police Station Mitauli. as is manifest from the chik F.I.R., is 17 kilometers.