ANOKHEY Vs. STATE

JUDGEMENT

(1.) -This appeal is directed against judgment and order dated 17.7.1987 passed by learned Sessions Judge, Mainpuri whereby appellant, Anokhey, was convicted under Sec. 302 Penal Code and sentenced to imprisonment for life.

(2.) Appellant Anokhey was charged under Sec. 302 Penal Code for having committed the murder of his own daughter-in-law, Smt. Sharda Devi.

(3.) The allegations are that the appellant, Anokhey, aged about 60 years had adopted his nephew, Ganga Singh as his son when he was a boy of four-five years. Ganga Singh was living along with the appellant. The appellant himself married Ganga Singh with Smt. Sharda Devi seven-eight years back. It was alleged that the appellant, Anokhey, was having an eye over Smt. Sharda Devi to have illicit connection with him. Smt. Sharda was always resisting the advances of the appellant. On 19.6.1986 Ganga Singh had gone outside. Smt. Sharda Devi was alone at his house. At about 2 p.m. the appellant made advances upon Smt. Sharda Devi when she resisted the appellant, Anokhey, strangulated Smt. Sharda Devi by his Gamchha. P.W. 2 Tej Singh and P.W. 3 Radhey Shyam are said to have witnessed the occurrence. They claimed to have been present just outside the door which was not bolted from inside. They heard the cries of Smt. Sharda Devi. When they pushed the door it opened, and they saw that the appellant was lying over Smt. Sharda Devi and had strangulated her with his Gamchha. Smt. Sharda Devi died on the spot. Thereafter Anokhey ran away. A huge crowd collected at the house of Anokhey. The neighbours tried to hush up the matter and to cremate Smt. Sharda Devi. Then P.W. 2 Tej Singh went to the police station and lodged a written report, Ex. Ka-2 the same day at about 6-10 P.M.