SHAMBHOO DAYAL Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been preferred by the accused appellant against the judgement and order dated 21.10.1986 passed by the Additional District & Sessions Judge/ Special Judge (E.C. Act), Etawah in Session Trial No.192 of 1984 (State vs. Shambhoo Dayal)) convicting and sentencing the appellant for the offences punishable under Section 302/34 IPC..

(2.) In this matter, deceased Uma Devi w/o Shambhoo Dayal received burn injuries on 19.2.1984 at her residence and while being taken to hospital, she died on the way to the hospital. The doctor, present at the P.H.C. Achchhalda, sent communication through Chaukidar of the hospital to the concerned police station informing that Shambhoo Dayal son of Siddhan Lal, resident of Ghasara, Police Station Achhalda had come to the hospital on 19.2.1984 at about 10.00 p.m. with burn body of Uma Devi and on examination she was found dead. The said information was received at 10.30 p.m. at the concerned police station. On receipt of the information, G.D. entry was made and sub-Inspector S.B.L. Saxena was directed to take necessary action and to do the needful.

(3.) Due to paucity of time, the concerned officer could not prepare the inquest in the night and the same was prepared in the next morning. Inquest report is Ext.-ka-13. The Investigating Officer made an endorsement that since Uma Devi was done to death under suspicious circumstances, post-mortem was required. Therefore, dead-body was sealed and was entrusted to constables Ram Autar and Chandra Pal for being taken to Etawah for post-mortem examination. Ext. ka-14 and Ext. ka-15 are letters to the Chief Medical Officer, Ex. Ka-16 is letter to R.I., Ext. ka-18 is photo lash and Ext. ka-19 is challan lash. These papers were prepared by the Investigating Officer at the time of inquest. Ext. ka-17 is another copy of general diary no. 32 dated 19.2.1984 made at 10.30 p.m. on receipt of the memo from Primary Health Centre. The Investigating Officer visited the spot on 20.2.1984 and prepared site plan (Ext. ka-2). At the time of inquest, cot and the quilt were taken into possession by the police and were given in the supurdgi of accused Shambhoo Dayal. The memo prepared in this regard is Ext. ka-5. From the spot in the presence of witnesses half burnt clothes of deceased Smt. Uma Devi were recovered and a fard was prepared, which is Ext. ka-6. The Investigating Officer collected empty bottle of kerosene oil (Ext. ka-7). The Investigating Officer also took bloodstained blouse ( Ext. ka-8) of the deceased recovered from her box, which was opened by Siddhan Lal Tiwari, father of the accused Shambhoo Dayal. The Investigating Officer also interrogated the two eye witnesses on the same day i.e. 20.2.1984.