RAM KISHUN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Ram Kishun appellant has filed this appeal from Jail against the judgement and order dated 2-2-1988 passed by Sessions Judge, Mirzapur convicting and sentencing him under Section 302, IPC to Imprisonment for life.

(2.) Sri Tej Prakas has been appointed Amicus curiae who has argued the case with ability. Sri S. P. Tewari, learned A.G.A. has spoused the cause of the State. The charge against the appellant was that he has committed the murder of his wife by inflicting upon her an injury by an axe and thereby committed the offence of murder punishable under Section 302 IPC.

(3.) From a perusal of the order sheet it appears that when this case was taken up by Sessions Judge on 21-11-1987 a charge was framed against the appellant under Section 302 IPC and he pleaded not guilty and claimed to be tried. He had no counsel of his own. The case was taken up on 2-2-1988 by the learned Sessions Judge and he had appointed an Amicus curiae to appear for the appellant. The Sessions Judge had only asked the appellant as to how his wife Smt. Banspati was murdered. In reply to the said question the appellant admitted his guilt that he had killed Smt. Banspati. He detailed the entire circumstances under which he had killed his wife by hitting her with an axe. The trial Judge has noted that he had warned the appellant that his pleading guilty alone can be made the basis of conviction. The learned trial Judge has further recorded his satisfaction that the plea of guilt of the appellant was voluntary without any mental or physical torture or coercion. The statement was recordedin open court in the presence of the counsel of the appellant.