KALWA ATAR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This jail appeal has been filed against the judgment and order dated 28.9.2004 passed by Addl. Sessions Judge, Court No. IV Moradabad whereby the appellant has been convicted under Section 302 I.P.C. and sentenced to death.

(2.) Brief facts of the case, as mentioned in the first information report lodged by Smt. Kashmiri Devi, are that about 2 years prior to the occurrence her son Kalwa had murdered his younger brother Bhallu and he was sent to jail, but, after the trial he was acquitted by the court. Kalwa used to ask his father for getting him married. He used to tell his father that he is deliberately not marrying him and had threatened him also. Due to this reason he was annoyed with his father. On the date of occurrence he abused his father. Kalwa had also asked his father to give him money for his marriage. She alongwith her husband Atar Singh, son Kalwa and daughter Mamdesh were going to their field in their buffalo cart for bringing fodder. At about 12 O'clock, when they reached near the urad field of Tirmal, Kalwa told his father that he will neither give him money nor marry him, therefore, he will kill him. Thereafter, Kalwa felled down his father in the field and cut his throat with Darati. She and her daughter raised alarm, Rajpal and Rajendra working in the nearby fields reached and witnessed the occurrence and on their challenging him Kalwa ran way leaving the Darati. After sometime her husband succumbed to his injuries. She lodged the report at the police station on 12.9.2003 at 3.15 p.m. After the registration of the case investigating officer reached at the place of occurrence and prepared the photo lash (Ext. Ka-3) letter to C.M.O.(Ext Ka-4) letter to R.I. (Ext. Ka-5) sample seal (Ext. Ka-6) Inquest-report (Ext. Ka-7) and the dead body was sent for the post mortem examination. After the completion of the investigation charge sheet was submitted against the appellant.

(3.) The post mortem was conducted by Dr. Rajeev Lochan Gupta, Medical Officer, In charge MCV Katghar, Moradabad on 13.9.2003 at 1 p.m. and he noted following ante mortem injuries 1. Incised wound- 8 cm. x 5 cm. in front of neck, 1 cm. above the sternum, tailing towards right side of neck, margins clean cut, Trachea cut, both carotid artery cut, muscles under the wound cut, clotted blood present around the wound, oesophagus cut. 2. Incised wound - 3 cm. x 1 cm. over the pinna of right ear, muscle deep, margins clear cut, clotted blood present around the wound. 3. Multiple abrasions in an area of 10 cm. x 2 cm. over right fore arm 8 cm. above the wrist.