KANTI ALIAS KANTA Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal has been filed by Kanti against the judgment and order dated 22.5.1979 passed by the Ilnd Additional Sessions Judge, Jalaun at Orai in S. T. No. 51 of 1978 convicting and sentencing the appellant under Section 302, I.P.C., to imprisonment for life.

(2.) THE Charge against the appellant was that on 22.10.1975 sometime before noon the appellant had committed the murder of his wife Smt. Lal Kunwar described also as Lahuri Babu by intentionally and knowingly causing such injuries on her neck and other parts of the body by means of spade which were sufficient in the ordinary course of nature to cause her death and thereby committed an offence punishable under Section 302, l.P.C.

(3.) FURTHER the case of the prosecution is that the appellant had all by himself surrendered in the court on 31.10.1975. The Investigating Officer had sent the report regarding getting the recovered articles examined by the Chemical Examiner. It may be mentioned here that there is no report from the chemical examiner to form view of the presence of the blood on the articles said to have been recovered at the spot. It is strange that in such matters the investigating agency relied upon the solitary testimony of the Investigating Officer about the said recovery of articles. It has been emphasised over and over again that reports of the chemical examiner and serologlst report must be produced. The officials concerned will do well to take note of this repeated observations so that the accused do not go un-punished and result in consequent forced acquittal for criminals.