BHIMSEN Vs. STATE

JUDGEMENT

(1.) This appeal is directed against a judgment of the learned Sessions judge of Bulandshahr convicting the Appellant Under Sec. 302 and 201 IPC and sentencing him to imprisonment for life and five years' rigorous imprisonment respectively under these counts. Smt. Sharbati wife of the Appellant was also put up on trial for the aforesaid offences but she was acquitted.

(2.) According to the prosecution Appellant Bhim Sen had a step brother named Sheo Dan who died about 2 1/4 years ago. In Sheo Dan's life time the two step brothers were not pulling on well and Brum Sen had shifted to reside in the family gher in the abadi while Sheo Dan along with his wife Smt. Bindo continued to live in the residential house. After Sheo Dan's death his widow Smt. Bindo began to take help from the villagers for getting her fields cultivated. Bhim Sen highly disliked Smt. Bindo's taking help from other persons and his relations with the widow became severely strained. On November 21, 1962, there was a quarrel in the field between Smt. Bindo and Bhim Sen regarding irrigation. Suit. Bindo took water in her fields to which Bhim Sen objected because according to him it was his turn to take water. They exchanged harsh words and Smt. Bindo later on returned home. At about noon she went to the gher with cowdung and sat down to prepare cow dung cakes. Her brother's eleven years' old daughter Kashmiri who was living with her during those days was also in the gher playing with other children. Bhim Sen came out of his chappar and an altercation again started between him and Smt. Bindo. Bhim Sen get enraged, caught Smt. Bindo's neck from back side and began throttling; it with the result that she fell back on the ground and instantaneously expired. Bhim Sen made a pyre over the dead body with cow dung cakes and phoos and set it on fire. Kumari Kashmiri who was a helpless spectator of the ghastly tragedy cried hoarse which attracted the attention of the passersby. They extinguished the fire and succeeded in extricating Smt. Bindo's body from the pyre although a major portion of the same had been consumed by the fire. Meanwhile Bhim Sen bolted away from the place. A written report of the occurrence was sent to the police station by Mukat Lai one of those who had reached the scene giving the essentials of the prosecution story on the basis of which a case was registered and investigation followed.

(3.) Sub Inspector Mahabir Singh reached the scene of occurrence at 8 pm. He held an inquest on the dead body and sent it for post mortem examination. He took in his custody burnt clothes of the' deceased, burnt bones and ashes which were lying near the pvre and also some pieces of burnt kandas. Except the kandas. the other articles were placed under sealed covers. After completion of investigation he sent up the Appellant and his wife for being tried upon charges Under Ss. 302 and 201. IPC.