RAM SANEHI Vs. STATE OF U P

JUDGEMENT

(1.) The appellant Ram Sanehi son of Khem Karan alias Nand Lal has sent this appeal from jail against his conviction passed on 16.9.2002 by Additional Sessions Judge, Court No. 8, Pilibhit in S.T. No. 328 of 2000 under Sec. 302 Indian Penal Code with sentence of life imprisonment and payment of fine of Rs. 5,000.00. In default of payment of fine, two months additional simple imprisonment has been awarded. As the appellant had no pairokar or Counsel, Sri Dharmendra Singhal, Advocate was appointed Amicus Curiae to argue out the appeal on his behalf. We have heard him and Sri M.S. Yadav, learned A.G.A. form the side of the State. The record has been summonded which we have perused.

(2.) The incident occurred on 20.4.2000 at about 1.00 P.M. in village Amrita Khas, Police Station Bisalpur, District Pilibhit and the F.I.R. was lodged the same day at 4.00 P.M. by Bhagwan Das Gangwar, husband of the deceased. The distance of the police from the place of occurrence was about 8 kilometres. The accusation was that the accused-appellant was working as a servant of the informant since about 21/2 months before the incident. Two days earlier to the occurrence, the informant's wife (deceased) had scolded the accused-appellant. On the eventful day and time, the informant and his servant Ram Sanchi (accused-appellant) were irrigating the crop of Barseem by operating engine installed in the Gher. At about 1.00 P.M., Ramwati (wife of the informant-Bhagwan Das Gangwar) came in the Gher with clothes to wash them off. Ram Sanehi went inside the room and took out a Banka (meant to cut sugarcane sticks) and started assault Ramwati therewith. Informant raised shouts and attempted to save his wife but Ram Sanehi threatened him with Banka. The witnesses Jagaiulath Prasad and Ram Asarey Lal P.W. 2 were attracted by the shouts. The accused committed murder of Ramwati by chopping off her neck with the Banka. He was apprehended with the Banka at the spot wherewith he was taken to the police station. The informant Bhagwan Das P.W. 1 lodged written F.I.R. there. A case was registered by constable Chet Ram P.W. 3 who scribed the chick. G.D. entry was made by Head Constable Ram Das Singh P.W. 6 regarding the registering of the case and depositing of Banka at the police station. The investigation was done by S.I. Sobran Singh P.W. 5. The dead body was sealed and sent for Postmortem. The Postmortem over the dead body of the deceased was conducted by Dr. Bhagwan Das on 21.4.2000 at 3.00 P.M. After conclusion of the investigation, charge-sheet was submitted against the accused-appellant.

(3.) The defence was of denial. At the trial, the prosecution in all examined six witnesses. Out of them, eye-witnesses were Bhagwan Das Gangwar P.W. 1 and Ram Asarey Pal P.W. 2.