LAWS(ALL)-1995-2-88

BALBIR Vs. STATE OF UTTAR PRADESH

Decided On February 28, 1995
BALBIR Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dated 13-11 -1979 of Shri O. N. Asthana, the then learned III Additional Sessions Judge, Mainpuri in Sessions Trial No. 322 of 1979. He convicted appellant Balbir under Section 302, I.P.C. and sentenced him to undergo life imprisonment for the same.

(2.) The occurrence, which gave rise to this case, had taken place on 5-4-1979 at 10.00 a.m. in the house of informant Gajju in village Chhabilia within Police Station, Alao of district Mainpuri. The deceased Smt. Lalli was the daughter of informant Gajju and her marriage with the appellant had taken place about three years prior to her murder. Appellant Balbir was a resident of village Sandera within Police Station, Aligarh of district Etah. Smt. Lalli visited the place of her husband four or five times after her marriage, but she was treated in a cruel manner by the appellant who even used to beat her. Informant Gajju, therefore about two and a half months prior to the murder to Smt. Lalli, had brought her to his house from her Sasural. Appellant Balbir, about a fortnight ago, came to informant's house and wanted to take Smt. Lalli with him to his place, who, however, was not prepared to go there. The informant, therefore, refused the Bida of Smt. Lalli and requested the appellant to live along with him for which he agreed. He, thus, had been happily staying in his Sasural for the last about 15 days prior to this incident. On the fateful day, the informant along with his family members left in the morning for Mangalpur in order to bring fodder. The deceased and the appellant had stayed at the house. At about 10.00 a.m. informant, his wife and son returned home along with the fodder. When they had reached near their house, they saw the appellant running away from the house. The infor mant tried to stop him, but he managed to escape. On entering the house, they found that Smt. Lalli was lying dead in the house. Her mouth had been gagged with cloth and a rope had been tied around her neck.

(3.) According to the informant, appellant Balbir had murdered Smt. Lalli, as he had refused her Bida along with him. A number of fellow villagers includ ing Ziledar, Panchhi Bhogi and Saini had seen the appellant coming out of the house of the informant and running away from the village. The informant got drafted F.I.R. of the incident, Ext. Ka-1 by Ram Tirath and left for the police station where he handed over the same to the police at 11.30 a.m. the same day. The distance between the village of the informant and the police station, as disclosed in the formal chick report, was one and a half mile. A case under Section 302, I.P.C. was registered at the police station against the appellant and he was charge sheeted by the police after the completion of the investigation.