AMAR PAL Vs. STATE

JUDGEMENT

(1.) Heard Smt. Kamla Srivastava, learned counsel for the appellant and Smt. Raj Laxmi Sinha, learned A.G.A. for the State.

(2.) This appeal has been preferred against the judgment and order dated 8.11.1989 passed by Additional Judge, Bareilly in Session Trial No. 406 of 1988 convicting and sentencing the appellant under Section 302 I.P.C. to undergo life imprisonment.

(3.) The prosecution case in brief is that Smt. Premawati sister of the informant Siyaram, who was 'Nut' by caste, was married to Ram Karan, who was a resident of Faiznagar, police station Kemri, district Rampur about 18 years back but after 8-10 days of her marriage, she returned back to her paternal house and did not go back to her matrimonial house. Thereafter, without the consent of her family members, Smt. Premawati performed her second marriage with Baboo Ram, who was also a married person having 5-6 children from his earlier wife Smt. Teejo, who was residing at village Nagaria Saadat, District Rampur. Out of the said wedlock, six children were born to Smt. Premawati. The marital life of Smt. Premawati and Baboo Ram were cordial and they were living peacefully. Baboo Ram had purchased two houses in the name of Smt. Premawati one in village Mungra Mirganj and another at village Nagarai Saadat and had also taken 9 bighas of land of one Pandit Hari Shanker on Batai which was being looked after by Smt. Premawati. Baboo Ram used to live with Smt. Premawati instead of living with his first wife Smt. Teejo. On account of the said facts, accused Amar Pal @ Amra, who is the eldest son of Smt. Teejo and Baboo Ram was inimical to Smt. Premawati and on several occasions he has threatened to kill her, therefore, Smt. Premawati was apprehending danger to her life from him. This apprehension was shared by Smt. Premawati with the informant Siyaram. On 14,3,1988, Smt. Premawati was cutting grass at the field of Pandit Hari Shanker which was taken by Baboo Ram on 'Batai' where 'Lahi' crop was grown. Her brothers, i.e., informant Sia Ram and Narain was working on a nearby land which belongs to them. At about 5:30 p.m., suddenly accused Amar Pal came out of 'Lahi' and started assaulting her by 'gandasa'. On hearing her shriek, the informant and Narain ran towards her and in the mean time accused Amar Pal gave 2-3 blows of 'gandasa' on her neck which was seen by them. Thereafter, the accused ran along with 'gandasa' towards North and could not be apprehended despite the chase being made by the informant and Narain. On the alram raised by them, some other villagers, came at the place of occurrence and saw the accused appellant running away from there with 'gandasa'. When the accused could not be apprehended despite chase, the informant and Narain, returned to the place of occurrence and found that Smt. Premawati died due to the injuries sustained by her and blood was lying on the ground. Thereafter the informant Siyaram leaving Narain near the dead body, went to the police station for lodging the F.I.R. along with one Fakir Chand. On his direction, F.I.R. Ex. Ka. 1 was scribed by Habib ur Rahman and handed it over at police station Mirganj. On the basis of the F.I.R., chick F.I.R. Ex. Ka.2 was prepared and a case was registered vide G.D. entry at 6:55 p.m. on the same day. The investigation of the case was carried out by Sub Inspector V.N. Yadav, who went on the spot and prepared the site plan Ex. Ka. 10. He recorded the statement of the informant Siyaram at the police station and had reached the spot along with police force. He tried to search the accused but he could not be traced. The inquest report was prepared by S.I. Devendra Pandey which were marked as Exs. Ka. 5 to Ka.10. The dead body was sealed and sent for post mortem in a sealed cover through constable Chandu Singh and constable Ravindra Singh. The blood stained and plain earth was also taken in possession and was sealed and memo Ex. Ka. 12 was got prepared in the hand writing of S.I. Devendra Pandey. Khurpi was also taken in possession and Ex. Ka. 13 was prepared. The statement of all the witnesses were recorded by the Investigating Officer. After completing the investigation, the Investigating Officer submitted the charge-sheet Ex. Ka. 14. The post mortem of the deceased was conducted by Dr. D.N. Shukla.