HIRA LAL Vs. STATE OF U P

JUDGEMENT

(1.) R. C. Deepak, J. This criminal appeal has been filed by the appellant-accused Hira Lal for setting-aside the judgment and order passed by Sri I. P. Mittal, the then Additional Sessions Judge, Mirzapur dated 30-8-1980 in Sessions Trial No. 43 of 1978 pertaining to Police Station Katra, District Mirzapur convicting and sentencing him to imprisonment for life under Section 302 IPC.

(2.) THE facts of the prosecution case, briefly stated, are that the informant Munni Lal son of Baldev Prasad, resident of Mohalla Ganeshganj, Police Station Katra, District Mirzapur had solemnized the marriage of his daughter Gyani Devi with appellant-accused Hira Lal resident of the same Mohalla and District two or three years back. His daughter had been happily and peacefully living at the house of the appellant-accused. After two or three months after the marriage, the appellant- accused and the other members of his family started embarrassing, harassing, humiliating, troubling, turmoiling, beating and compelling her to ask for more dowry from her parents. Consequently, she happened to be extremely worried. She used to tell her parents and other members of the family about the anxieties and atrocities caused to her by appellant-accused and other members of his family. Consequently, she was unwilling to go to the house of the appellant-accused. Not only this, but also she very sorrowfully expressed before the parents and other members of the family that she would not visit the house of appellant-accused otherwise the appellant-accused would poison her to death. THE informant and other members of her family, however, consoled her and asked appellant-accused not to cause/commit any evil deed in regard to her. THE appellant- accused agreed and, therefore, the informant and other members of his family sent Gyani Devi alongwith the appellant-accused to his house. Two days before the occurrence, one Paras Nath informed the informant that the appellant-accused was beating his wife Gyani Devi in the night between 21/22-7-1977 and, therefore, she was weeping and crying. Consequently, the informant, accompanied by Bhola Nath, Chunni Lal, Rameshwar Prasad, Radhey Shyam, Shanker Lal, Purushottam, Durga Prasad and many others went to the house of the appellant-accused who happened to come out of his house and seeing them all there, started running away. Whereupon they all ran after him, who fell down at a short distance and received certain injuries. THE informant and certain others named above beat the appellant-accused and caught hold of him. THE appellant-accused with his folded hands confessed his guilt/crime expressing that he at the instance of his father administered poison to his wife Gyani Devi to death. THE informant and others went to the upper storey of the house of the appellant- accused and found Gyani Devi dead there. THE informant dictated the alleged report Exhibit Ka-1 on the spot to Bhola Nath in connection with the occurrence. He took this report to the Police Station concerned where the First Information Report Exhibit Ka-1 was written on the basis of the said report and a case as case crime No. 180 of 1977 under Section 302/328 IPC was registered. After the registration of the case, its investigation was initially entrusted to Sub-Inspector Bal Govind Tiwari and subsequent to Sub-Inspector/station Officer Narendra Singh. S. I. Bal Govind Tiwari visited the place of occurrence and prepared its site plan Exhibit Ka-16. He took the dead-body of Smt. Gyani Devi into his custody and prepared Panchayatnama Exhibit Ka-12 in connection therewith. He sent the dead-body of Smt. Gyani Devi through Constable Naim Ullah for post-mortem examination. Doctor D. D. Tripathi (P. W. 5) conducted the post- mortem on the dead-body of Gyani Devi on 22-7-1977. His report is Exhibit Ka-3. He preserved viscera also as is clear from his report. THE Investigating Officer S. I. Bal Govind Tiwari took down the statements of Munni Lal, Bhola Nath and Rameshwar Prasad. Similarly, second Investigating Officer S. I. Narendra Singh took down the statements of Paras Nath and Purushottam and after completion of the investigation into the case, he submitted the charge-sheet Exhibit Ka-9 against the appellant-accused and another in the Court. Ultimately, the Court framed charges against the appellant- accused and his father Babu Ram. Babu Ram was acquitted by the trial Court. THE State filed Government Appeal No. 2811 of 1980 against the order of acquittal. He died during the pendency of the Government Appeal. Consequently, the Appeal stand abated.

(3.) THE First Information Report is a copy (verbatim) of the report Exhibit Ka-1 alleged to have been written by Bhola Nath (P. W. 2) on the dictation of the informant Munni Lal (P. W. 1) allegedly on the spot itself. It may be mentioned at the very outset that there is no evidence on record to point out when, where and from whom Munni Lal (P. W. 1) or Bhola Nath (P. W. 2) had actually obtained pen-ink or fountain pen and paper for the purpose of writing the alleged report. THEre is no mention of anything in any form or manner in the alleged report, showing where it was actually written. Munni Lal (P. W. 1) has stated that the report was written at the door of the house of appellant Hira Lal. Chunni Lal (P. W. 3) has stated that Munni Lal (P. W. 1) had got the report written by Bhola Nath (P. W. 2) on his dictation while sitting on a platform (chabootra) outside the Courtyard of the house of Hira Lal. Bhola Nath (P. W. 2) has, on the other hand, categorically stated in his cross-examination that the report was not written on the spot.