BHAGWAN DIN Vs. STATE

JUDGEMENT

(1.) Present criminal appeal has been preferred by appellant Bhagwan Din (wrongly spelt out as Bhagwan Dei) R/o Garhi, Police Station- Narwal, District Kanpur Nagar against judgment and order of conviction and sentence dated 29.1.2003 and 30.1.2003 passed in Sessions Trial No.1648 of 1997, under Section 302/34 IPC, Police Station Narwal, District Kanpur Nagar arising out of Case Crime No. 103 of 1997 passed by Additional Sessions Judge, court no.12, Kanpur Nagar, whereby the appellant has been sentenced with life imprisonment along with fine of Rs.10,000/-, in case of default, the appellant will suffer additional imprisonment for one year.

(2.) Facts giving rise to this appeal are that Jahari Devi wife of Prasad Dobhi, R/o Garhi, Police Station- Narwal, District Kanpur Nagar lodged a written report at police station to the effect that her son Chottey Lal was sleeping in his room on cot along with his wife Soni and daughter Nanhi. A lamp was burning in the room. The first informant was sleeping under a thatched roof (Chapper) along with grand-daughter Kiran. All of a sudden some shriek was heard and she (informant) saw his son Chottey Lal running out from the house upto the house of Kallu where he fell down, in the meanwhile, naati (grand-son) of complainant Bhagwan Din and Suresh, both sons of late Dhani Ram bearing knife in their hands were also seen running away towards the western side. First informant's son Chottey Lal had performed second marriage with Soni six months prior to the incident from Gaya (Bihar). His first wife had died 10 years ago. Wife of Bhagwan Din had also expired six to seven months before and Bhagwan Din wanted to enter into wedlock with Soni as such he was aggrieved with the marriage of Chottey Lal with Soni. It was due to above reason that Bhagwan Din and Suresh murdered Chottey Lal by assaulting him with knife on his neck. The incident was witnessed by informant's grand-daughter Kiran and Nanhi and by her daughter-in-law in the light of lamp placed in niche. It was also alleged in the first informant report that the first informant is an old lady. It was raining. Report be lodged and action be taken. This report was lodged at police station Narval on 1.9.1997 at 11 a.m. at Crime No. 103 of 1997, under Section 302/34 IPC, thereafter investigation took place. During investigation the investigating officer prepared various memos relating to the blood stained piece of pillow and towel, which are Exhibit Nos.-12 and 13, respectively. The Investigating Officer also prepared memo of lamp (diya), which was allegedly burning inside the room in the niche. The memo of the same is Exhibit Ka-14. The inquest report was also prepared by the Investigating Officer and after preparing relevant papers regarding deceased Chottey Lal, his body was sent for postmortem examination, whereupon postmortem examination on the dead body of Chottey Lal was conducted on 2.9.1997 at 12.30 p.m in U.H.M. Hospital Kanpur by Dr. A.K. Nigam. In the postmortem examination following ante-morem injuries was found:-

(3.) Stabbed wound (incised) 1.5 cm x 0.5 cm x 9 cm deep going obliquely downwards medially (backward) and towards left side. On the right side of neck 1 cm above the medial end of clavicle horizontal.