JAGDISH SARAN Vs. STATE OF U P

JUDGEMENT

(1.) THESE two appeals are connected with each other having arisen out of judgment dated 6 -2 -1982, passed by Additional Sessions Judge, Budaun in Sessions Trial No. 5 of 1980. We propose to decide them by this common order. Jagdish Saran has been convicted under Section 302 read with Section 34 IPC, 201 and 364 I.P.C. with sentence of life imprisonment, rigorous imprisonment for 5 years and 7 years respectively. The co -accused appellant Bhoorey has been convicted under Sections 302, 201 and 364 I.P.C. with sentence of imprisonment for life, 7 years' R.I. and 7 years' R.I. respectively.

(2.) THE profile of the prosecution case was like this Smt. Kusum was the sister of the informant Ramesh Kumar PW -3. The incident occurred about 20 days earlier to 15 -5 -1979 on which date a written F.I.R. was lodged by the said Ramesh Kumar at P.S. Kotwali, District Budaun at 10.30 p.m. As per the F.I.R., Kusum (sister of the informant Ramesh Kumar PW -3) was married to the accused appellant Jagdish Saran of Mohalla Brahmpur, Budaun city about eight years back. The informant was the resident of Tilhar, P.S. Tilhar, District Shahjahanpur. On that day (15 -5 -1979) at about 1 1 a.m., he received an anonymous note (attached with the F.I.R.) informing him that his sister was missing from her husband's house for the last about 20 days or she had been murdered by her husband Jagdish Saran. On receipt of the said anonymous writing, he reached Budaun immediately. On enquiry from the neighbours of his sister's Sasural, it came to be revealed that she was not at her house. Her two daughters and a five months' aged son were there with her mother -in -law. She was said to be disseminating that she (Kusum) had gone in training. The informant requested the police for investigation to be made with the arrest of the husband of his sister.

(3.) DR . B. Narayan, Superintendent, District Hospital, Budaun, PW -15 conducted post -mortem over the unknown dead -body of a female on 21 -4 -1979 at 1.30 p.m. The age of the deceased was assessed to be about 25 years and about 1 -1/2 day had passed since she died. Six ante -mortem injuries consisting of a lacerated wound 38 cm all around the neck had been found on her person. Right hand was severed from the shoulder with tissues crushed. Left hand was also severed from the shoulder 6 cm. below. Both the legs were severed below the knees. On the right thigh there was a lacerated wound 20 cm. x 10 cm. The neck was also severed from the trunk. The bones of the neck and lower jaw were crushed as also the left leg and the fore -arm.