JHINGE Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been filed by the appellant Jhiage against the judgment and order dated 05.04.1982 passed in Sessions Trial No. 25 of 1982 whereby the learned Sessions Judge, Jalaun at Orai has convicted him for the offence punishable under Section 302 I.P.C. and sentenced him to undergo imprisonment for life.

(2.) The relevant material facts may be summarized as under: On 15.10.1981 at 5.00 P.M. the complainant Bhoja (P.W.1) S/o Lachhi Chamar, resident of village Usargaon, P.S. Atta, District Jalaun, orally reported at P.S. Atta that on the date of report when he was at his house, his son Prem dashed to him and told him that Jhinge (accused-appellant) had committed the murder of Kasturi (daughter of the complainant's brother Hira Lal); that hearing it, he reached the house of Hira Lal and saw that Kasturi was lying dead and her neck was chopped off by Amkata (a sharp edged weapon meant for cutting mangoes); that his enquiry revealed that his brother Hira Lal was out of the house to excavate the earth; that Smt. Khargi (P.W.4) w/o Hira Lal was also out of the house to pick up woods; that one Ram Charan (P.W.2) also went to pick up woods; that when Ram Charan was returning to his house, Smt. Khargi asked him to send her daughter Kasturi to help her in carrying woods to the house; that Ram Charan at about 3 P.M. raised calls for Kasturi from outside her house but none responded to his calls whereupon he (Ram Charan) asked Km. Vinto, (P.W.3) (daughter of the complainant's another brother Radhey Shyam) to bring Kasturi out; that Km. Vinto went inside the house but immediately came out in perplexed state and told that 'Jhinga Kakka Kasturi ko katar raha hai' (Jhinge is chopping off Kasturi). At that time Prabhawati, wife of Prakash Chamar was also standing there outside the house; that hearing the reply of Km. Vinto, Ram Charan P.W. 2 and Prabhawati entered inside the house and saw that Jhinga S/o Tulsi Chamar, having something in a cloth, was checking out from the house; that pushing aside Ram Charan (P.W.2), the accused Jhinga ran away; that Jhinga's hands and feet were stained with blood; that after reaching inside the house Ram Charan saw that Kasturi's neck was chopped off by Amkata; that she was struggling with death and she succumbed to her injury within no time; that her "bichhua" of the waist was missing; that Ram Charan and Prabhawati raised hue and cry shouting that Jhinga had chopped off Kasturi's neck; that Chhoti (wife of Radhey Lal), Ahmad Noor S/o Abdul Aziz and many others saw the accused Jhinga fleeing from the said house; that Jhinga was chased but in vain; that Hira Lal and Khargi reached at the scene of occurrence after the information was sent to them by the complainant. It was averred in the F.I.R. that Jhinga had committed the murder of the complainant's niece and that he had taken with him the deceased's Bichhua, Payal of silver and Sutia of gold.

(3.) Upon the said oral information, a case under Section 302/394 I.P.C. was registered at P.S. Atta. The I.O. Sada Bahar Dwivedi P.W. 5 started the investigation. He prepared inquest report and other relevant papers and sent the dead body for postmortem. He also recovered blood stained Amkata and prepared its memo Ext. Ka. 10.