SURESH Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 10.12.1082 passed by the learned Sessions Judge, Bijnor in S.T. No. 113 of 1982 arising out of case Crime No. 25, under Section 302 I.P.C., police station Najibabad, district Bijnor whereby the appellant Suresh has been convicted under Section 302 read with Section 34 I.P.C. for life imprisonment. In the instant case the co-accused Jitendra, whose trial was consolidated with the learned trial of the present appellant, had been given benefit of doubt and was acquitted by the trial Judge in S.T. No. 219 of 1982 and the appellant alone has been convicted as stated above.

(2.) The prosecution case as has been unfurled is that a first information report was lodged by Hukum Chand on 26.1.1982 at 9.20 A.M. in respect of an occurrence took place after 10.30 P.M. in the intervening night of 25/26.1.1982 against the appellant Suresh and three unknown persons. It is narrated in the first information report that the complainant had kept Bimla since last four years who had two sons and two daughters from her previous marriage. He has no issue with Bimla. He is doing labour work and Bimla used to clean utensils at several houses. The appellant, who was working since last one year in the factory of Lahoti and was residing on rent in the house of one Ganga Prasad Khanna of Mohalla Nawabpura used to visit his house. His wife Bimla who was a lady of loose character developed illicit relation with the appellant and used to visit latter's place and Suresh also used to come to his house. The wife of the appellant had committed suicide by taking some poisonous substance one month prior to the incident. Since then the appellant has left his six month old child to his house under the care of his wife Bimla and daughter Sudha. The appellant wanted to keep Sudha with him. One day earlier to the incident at about 5 P.M. Bimla and her daughter went to the house of the appellant. Sudha came from his house and disclosed that Bimla has stayed back with the appellant and she will go to Meerut along with appellant for setting her marriage (Teeka). In the morning of 26.1.1982 Ant Ram who is the neighbour of Suresh came to the complainant's house informing him that at about 10.30 P.M. on previous night the appellant along with Bimla and three unknown persons returned back to his house and he had opened the door and thereafter they stayed in the room of Suresh and in the morning at about 8 A.M. he found that the room of the appellant was locked and the dead body of Bimla was lying outside the house. The appellant as well as other accused persons were found missing and when the complainant reached there he found that the dead body of Bimla was lying outside the house of the appellant Suresh. His wife has been murdered by Suresh and his own men. On the basis of the aforesaid information a first information report was registered as stated above under Section 302 I.P.C. as case Crime No. 25 of 1982 at police station Najibabad, district Bijnor (Exhibit Ka. 1) and also entered in the general diary (Exhibit Ka. 3). The criminal law was set in motion. The investigating officer went to the place of occurrence where the dead body was found. The investigating officer prepared the inquest report diagram and Chalan of the dead body and letter to the Chief Medical Officer for post mortem, which were proved as Exhibit Ka. 4, Ka. 7 and Ka. 8 respectively. The corpse was sealed and was handed over to constable Faqir Chand and Shiv Kumar who carried the dead body to the mortuary for conducting autopsy.

(3.) The investigating officer recorded the statement of the complainant, Ant Ram, Prabhu Dayal, Nikka Singh and other witnesses under Section 161 Cr.P.C. The recovery memo was prepared in respect of two electric bulbs Exhibit Ka. 9, which were found in running condition outside the room of the appellant and Ant Ram. The Investigating officer after breaking the lock of the room of the appellant found two half size wine bottle Exhibit 1, 2, one saree, two terracotta cups (Kulhar) Exhibit 5, 6 having curd like substance and two glasses Exhibit 3, 4 from which smell of alcohol was coming, which were taken on the spot and prepared the recovery memo and were sealed. One cot, one quilt and some other articles were lying scattered. The appellant's statement was recorded on 29.1.1982 who had surrendered in court while the co-accused Jitendra surrendered on 5.4.1982. The identification of the co-accused Jitendra was conducted in the presence of S.D.M., Najibabad Chandra Prakash Mishra and identification memo was prepared, which was proved by him. The co-accused Jitendra was correctly identified by Ant Ram and Prabhu Dayal. After completing investigation by collecting clinching material the Investigating Officer placed the charge sheet against the accused/appellant and the co-accused Jitendra for the offence punishable under Section 302 read with Section 34 I.P.C. After the charge sheet was submitted the competent court committed the case to the court of sessions for trial. The charges were framed under Section 302/34 I.P.C. by the learned Sessions Judge, Bijnor on 4.6.1982, which were read over and explained to the appellant as well as to the co-accused Jitendra who however denied the charges and claimed to be tried.