MAHTAB Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellant Mahtab son of Raghu Lal resident of Khargapur, P.S. Bisalpur, District Pilibhit against the judgment and order dated 10.09.1986 passed by Sessions Judge, Pilibhit in Sessions Trial No.125 of 1986 (State Vs. Mahtab) under Section 302 IPC, P.S. Bisalpur whereby the trial Court has convicted and sentenced the accused-appellant Mahtab under Section 302 IPC for life imprisonment.

(2.) The prosecution case in nutshell is that on 31.1.1986, informant Raghu Lal (P.W.1), moved an application before the concerned police stating therein that he is the resident of village Khargapur, P.S. Bisalpur. In the intervening night of 30/31.1.1986, when the informant's son had gone to attend the cultural programe at Pradhan's place, his daughter-in-law, who was suffering from fits, had latched the door of the room from inside and had slept. When his son came back at about 4:00 a.m. and tried to open the door, but the door did not open, then his son broke the latch of the door with the help of Karchuli and saw that his wife was lying dead on the Galicha. Request was made to take legal action.

(3.) This information is scribed by one Ram Singh son of Shiv Lal and is Ex.ka-2 and it was entered in the general diary at Rapat No.26, which is Ex.Ka-3. The carbon copy of the G.D. entry, which is Ex.Ka-4, is also on record whereby case was converted as Crime No.36 of 1986 under Section 302 IPC on the basis of postmortem report. Police has prepared inquest report (Ex.Ka-5) and also the Form No.13 (Ex-Ka-6), Photo Lash (Ex.ka-7), letter to R.I. (Ex.Ka-8), letters to C.M.O. (Ex.Ka-9 & 11). The dead body was kept in a sealed cover and sample seal was also prepared, which is Ex.Ka-10. Postmortem on the dead body of the deceased was done on 1.2.1986 at 2:30 p.m., which is Ex.Ka-13. Investigating officer has also inspected the spot and prepared site plan, which is Ex.Ka-14. Police recorded the statement of the witnesses and also collected the evidence and submitted the charge-sheet under Section 302 IPC against the accused-appellant, which is Ex.Ka.-12.