JIYA LAL Vs. STATE

JUDGEMENT

(1.) This criminal appeal arises out of the judgment and order dated 28.2.1983 passed by Additional Sessions Judge, Jalaun at Orai in Sessions Trial No. 139 of 1982 (State Vs. Jiya Lal) whereby the appellant was convicted and sentenced to undergo four years rigorous imprisonment under Section 201 I.P.C. and imprisonment to life for offence under section 302 IPC. Both the sentences were directed to run concurrently.

(2.) The prosecution case, in brief, is that the accused Jiya Lal was married to Smt. Phool Kunwar, daughter of Tulain about 10-15 years ago. He, however, developed some illicit relation with the wife of his brother. On 11/12-7-82 at about mid-night accused Jiya Lal committed murder of his wife Smt. Phool Kumar in his house by throttling. After committing her murder, the accused in order to show it as suicide burnt the dead body of the deceased by sprinkling kerosene oil over it and lodged a false report with the police on 12.7.1982 at 10 A.M. In the report, the accused appellant stated that Smt. Phool Kunwar had a boil on her right thigh which could not be cured in spite of long treatment, as a result thereof his wife. Smt. Phool Kunwar committed suicide due to deep depression and dejection.

(3.) The police consequently registered a case and took up the investigation. The dead body of Smt. Phool Kunwar was then sent for Post Mortem examination. The result of post-mortem examination revealed that the cause of death was asphyxia because of blockage of the air passage at the neck by some external pressure. In view of this, the police submitted a charge sheet against Jiya Lal himself who had lodged the First Information Report.