CHATUR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) G. P. Mathur, J. Chatur Singh has filed this appeal against the judgement and order dated 8-11-1979 of Sessions Judge Etowah in S. T. No. A-170 of 1979 convicting him under Section 302 I. P. C. on two counts and sentencing him to imprisonment for life under each count.

(2.) THE case of the prosecution as set forth in the FIR is that the appellant Chatur Singh and the deceased Nawab Singh were real brothers. THE other deceased Smt. Kalawati was the wife of Nawab Singh. Chatur Singh retired from Army about a year before the incident and he came back to his village Parole Gadhia, P. S. Season Nawab Singh had married about 13 years back after paying money. Chatur Singh also married after paying money about 8 months prior to the incident. Both the brother lived together but there used to be frequent fight between their wives. A few months before the incident, appellant Chatur Singh separated from his brother. THEre was a fight between ladies on 1-3-1979 in which complain ant Sarju Prasad, who was the Pradhan of the Village, mediated. THE very next day i. e. 2-3-1979 two ladies fought again which aggravated and the brothers also started fighting. On receiving information Sarju Prasad went to their place. As soon as he reached he saw Chatur Singh assaulting Nawab Singh with a 'kulhari' who fell down dead. Smt. Kalawati then reprimanded him but he gave a blow by 'kulhari' to her as well. She also I dropped down dead. Hearing the alarm, some witnesses came on the spot, In the presence of these people, Chatur Singh admitted his guilt and volun tarily wrote a report addressed to the Station Officer of the Police Station. This incident took place at about 6. '15 p. m. THEreafter Sarju Prasad him self scribed a report of the incident and lodged the same at 10 miles distant P. S. Sehson at 10 p. m. on 2-3-1979. THE report which was written by Chatur Singh was also taken by the complainant and was delivered there though Chatur Singh did not go to the Police Station.

(3.) THE same Doctor performed to the post mortem examination on the body of Smt. Kalawati at 5. 10 p. m. on 5-3-1979 and copy of post mortem report is Ex. ka-9 on the record. THE following ante mortem injuries were found on her body: (1) Lacerated wound 4 cm. X 2 cm. X bone deep on the top of the head 9 cm. above nasal bridge, irregularly split obliquely vertical, smashed with blood. (2) Ecchymosed with traumatic swelling all round the left eye lids conjunctive congested. THE internal examination showed frontal bone fractured under the site of injury No. 1, brain and membranes congested. In the opinion of the Doctor, death had occurred due to shock and haemorrhage as well as head injury. He further opined that the injuries could be caused by Kulhari (material Ex. 1) and death could have occurred at about 6. 45 p. m. on 2-3-1979.