RAM KISHORE Vs. STATE OF U P

JUDGEMENT

(1.) The legality and correctness of the judgment dated 02.04.1986, passed by Sessions Judge, Jalaun at Orai, convicting the accused appellant for offence punishable under Section 302 I.P.C. and sentencing him imprisonment for life, has been called in question in this criminal appeal.

(2.) We have heard learned counsel for the appellant and learned A.G.A. representing the State and perused the record.

(3.) The prosecution case as unfolded during trial is that the appellant's marriage was performed with the deceased Usha and the 'Gauna' was performed about a month prior to the occurrence. It has been alleged that at the time of 'Gauna' ceremony, the appellant had demanded a buffalo from his father-in-law Babu Lal. Since Babu Lal did not fulfill his demand, the appellant got annoyed. On 17.07.1985 when nobody except the appellant, his wife deceased Usha and his 10 year old younger brother Ram Ji, were present in the house, the appellant asked Ram Ji to go to the cattle shed and give water to the animals. Ram Ji went out of the house. When he returned he saw his brother (the appellant) running away from the house with a blood stained knife in his hand. His Bhabhi Usha was lying on the ground having serious knife injuries on her neck and hands. Ram Ji raised alarm, hearing which several villagers gathered at the spot. Usha was taken to the police station by her father in law, mother-in-law and Village Chaukidar on a Tractor. At police station her statement was recorded by I.O. in which she stated that her husband (the appellant) had asked her to bring buffalo or cash from her father, when she denied he inflicted knife injuries on her neck. The FIR was lodged by Village Chaukidar at Police Station Kotwali, Jalaun. Usha was taken to District Hospital, Orai from where doctors referred her to Kanpur for treatment. She was admitted to L.L.R. Hospital, Kanpur where she succumbed to injuries on 19.07.1985.