RAM NARAYAN MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Apul Mishra, learned counsel for the appellant and Sri S.N. Tripathi, learned A.G.A.

(2.) PW-5, the constable clerk of the police station concerned on the basis of written report registered the FIR (Exhibit- Ka5) on 20.6.2005 at 19:55 hours as Case Crime no.252 of 2005 under Section 302 IPC. PW-7, Chandrabhan Verma the Sub-Inspector of P.S. Kotwali, was the investigating Officer, who conducted the inquest and other investigational formalities. PW-8 Mohd Anees was the other investigating officer who recorded the statement of witnesses under section 161 CrPc and also got recorded the statements under Section 164CrPc of the child witnesses PW-3 and PW-4 before the magistrate. PW-6 was the doctor, who carried out the autopsy of the deceased. A ballistic report dated 14.7.2006 (paper no. 29Kha) was also prepared. After completing the investigation, a charge sheet was submitted against the appellant under Section 302 IPC. The Court took cognizance of the offence, summoned the accused and committed the case to the Sessions. The learned Sessions Judge, after framing the charge against under Section 302 IPC, put the case on trial.

(3.) To establish the charge the prosecution examined 8 witnesses. PW-1 is the informant, claims to be a distant relative of the accused in whose house the appellant threw a rifle under the bed in the courtyard to be told soon thereafter by PW-3, son of the appellant, who came weeping that the latter has killed his mother with a rifle and has fled from the scene. PW-2 also claims to be a distant relative and a mediator who played a role in settling the marriage of the deceased with the appellant. He stated that the appellant was in the habit of picking up quarrels / fights with his wife, as she used to desist his habit of consumption of alcohol by her husband/ appellant. He claims to be present near the scene of occurrence on the fateful day. PW-3 Antar Mishra is the son of the appellant, who was earlier not examined under Section 164 CrPC and who turned hostile. Master Karunanidhi Misra (PW-4) is also the son of the appellant, who after initially implicating his father / the appellant as the person, who killed his mother over consumption of alcohol, in his statement under Section 164 CrPC but now turned hostile. PW-5 was the constable / clerk, who registered the FIR. PW-6 was the doctor, who conducted the autopsy on the deceased opining that death was attributable to multiple ante mortem fire arm injuries.