STATE OF U P Vs. OMVIRI

JUDGEMENT

(1.) The State has preferred this appeal against the judgment and order dated 20.11.1981, passed by the II Additional Sessions Judge, Bulandshahr in Sessions Trial No. 698 of 1980, acquitting the accused respondents Smt. Onkari, wife of Jagvir Singh, Akhilesh, S/o Jagvir Singh and Hans Raj, S/o Sheesh Ram and father of Onkari. The charge against the first two accused respondents was under Section 302 read with Section 34 I.P.C. and against the third accused respondent under Section 302 read with Section 114 I.P.C.

(2.) The relevant facts are these: The deceased was Rajviri, wife of Omvir--brother of Jagvir and the incident took place in between the night of 1st and 2nd October 1979 in the house of the accused in village Nibhora, P.S. Chandpur, District Bulandshahr. The F.I.R. was lodged by Hargyan Singh PW 6, son of Tara Singh at 8.40 A.M. on 2.10.1979. Malkhan Singh PW 1, Ratan Singh PW 2 and Lal Singh of the aforesaid village Nibhora were performing patrol duty in the night. At about 12.30 o' clock while they were near the house of Jagvir and Omvir (real brothers), they heard a shriek emanating from their house. On hearing it, they quietly entered the house of Jagvir through the portion of broken wall of the boundary of the said house. Malkhan Singh flashed his torch and in its light saw that the deceased Rajviri wife of Omvir was lying on the ground under a Chhappar in the house of said Jagvir and her throat was being pressed with a danda, one side whereof was held by the accused respondent Onkari and the other by the accused Akhilesh. The accused Hansraj was holding the head of the victim. Small piece of a towel was kept on her throat under the danda. As soon as the torch light was flashed upon the accused, they stood up, Rajviri had by that time died. Jagvir immediately came there and requested Malkhan Singh and Ors. that they should not talk about the incident to anyone else as otherwise his family would be ruined. Malkhan Singh along with his companions left the place and resumed the patrol duty. In the morning of 2.10.1979 the villagers came to know about the death of Rajviri, Hargyan Singh PW 6 got a report of the incident written by Onkar Singh (son of Malkhan Singh PW 1) and went to P.S. Chandpur where he lodged the report. None was named in the F.I.R. and only this much was stated that Rajviri had been found dead in suspicious circumstances.

(3.) S.I. Gyan Prakash Sharma PW 7 with three constables reached the village of incident and prepared inquest report of the deceased as also other necessary papers. He also found vomit lying on the ground near the dead body of Rajviri. The same was taken in possession. Site plan of the place of occurrence was prepared. The dead body after being sealed was sent for post mortem which was conducted on 3.10.1979 at 4 P.M. by Dr. Banwari Lal PW 5 at 4 P.M. The deceased was aged about 22 years. There was no ante mortem injury visible except slight swelling of neck anteriorily in an area of 4" x 2". The death had occurred due to asphyxia as a result of strangulation.