SADHU Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 12.11.1982, passed by 5th Additional Sessions Judge, Lucknow, in S.T. No. 343 of 1981, under Section 302 I.P.C., P.S. Malihabad, District Lucknow, whereby the accused Sadhu @ Ram Chandra was found guilty and convicted under Section 302 and sentenced to imprisonment for life.

(2.) Prosecution case in brief is that One Changa, accused Sadhu and Pyare Lal Gosai husband of the deceased Smt. Kundala @ Shanti were the brothers that Pyare Lal had died about two and half years or three years before the incident which took place on 26.05.1981 that Pyare Lal has left behind him his wife the deceased and four daughters out of whom Km. Sohana is PW-1 and Smt. Mohana the complainant is PW-2, that after the death of Pyarey Lal, said Changa and accused Sadhu in order to grab the properties of Pyare Lal used to press the deceased to transfer it in their favour, that the deceased was not agreeable to proposal of the accused Sadhu and his brother Changa and in this respect an altercation used to take place between them that besides it Changa and accused Sadhu in order to purchase a pumping set has taken cash loan of Rs. 3000/- from the deceased Kundala, that the deceased had settle the marriage of the complainant Mohana PW-2 with the younger brother of the husband of the eldest daughter Smt. Kamla (not examined) in village Mohamaci, P.S. Shandila and thus prior to the incident the deceased Kundala demanded back the said loan amount from Changa and accused Sadhu, that both of them denied to pay the said amount and threatened to kill Smt. Kundala, that Changa and accused Sadhu had told to people of village also that they would kill Smt. Kundala if she would remain in the village and thereafter both of them has disappeared from the village.

(3.) It is further alleged that in the evening of the day of incident when the sun had not set Smt. Kundala along with her two daughters Km. Sohana PW-1 and Smt. Mohana PW-2 was sitting on the gate of her house and was taking food. The accused Sadhu accompanied with three other persons armed with guns came there and said to Km. Sohana PW-1 and Smt. Mohana PW-2 to get away, that the moment Smt. Mohana and Km. Sohana slightly moved away, the accused Sadhu fired his gun at Smt Kundala who after receiving the gun shot rolled down on the ground and then one of the companion of accused Sadhu also fired at Smt. Kundala. That Smt. Kundala died on the spot due to gun shot injuries received by her, that both the sisters Smt. Mohana and Km. Sohana began to raise alarm and on their hue and cry many people of village collected on the spot. That when the witnesses reached on the spot accused Sadhu and his companion ran away from the side of the door of the house of Gaya (not examined). That in the light of setting sun Smt. Mohana and Km. Sohana saw the accused and recognised Sadhu by name and other culprits were seen and recognized by their faces, that thereafter Smt. Mohana requested to three or four persons to lodge the report of the incident at police station, but as it had become dark and due to fear also none of them became ready to go to the police station at that time, that then in the morning of 22.05.1981 after leaving dead body under the custody of constables who has arrived on the spot Smt. Mohana accompanied with Chunni the village Chowkidar went to P.S. Malihabad, Lucknow which was at a distance of 10 miles from the spot and lodged oral report there at 08:15 A.M. Sri Kamta Prasad PW-4, was posted as Head Moharrir at P.S. Malihabad, who on the dictation of Smt. Mohana scribed the report and prepared the chik first information report Exhibit Ka-1, according to law and then he registered the case in the General Diary on report no. 14 at 08:15 A.M. dated 27.05.1981. Its copy is Exhibit Ka-11. Sri Srawan Singh S.I. PW-5 was then posted as Station Incharge of P.S. Malihabad. He received the investigation of the case on the same day i.e. 20.05.1981 and immediately went to the spot. S.I. B.K. Rai PW-3, S.I. S.P. Tripathi and S.I. K.S. Misra (both not examined) has accompanied the I.O. to the spot. On the spot S.I. B.K. Rai PW-3, on the instruction of the I.O. held inquest on the dead body and nominated the panches and obtained their opinion regarding the injuries present on the dead body of Smt. Kundala and then he prepared Panchayatnama Exhibit Ka-2 of the dead body according to rule. He further wrote letter Exhibit Ka-3 and Exhibit Ka-4 addressed to Chief Medical Officer, Lucknow for the post-mortem examination of the dead body and taking into possession of the dhoti material Exhibit -4 from the dead body. He then prepared diagram of the dead body, chalan of dead body, sample seal marked as Exhibit Ka-5, Ka-6 and Ka-7 respectively. He took in his possession the 8 glass bangles Exhibit Ka-5/1 to 5/8 and ornaments, two earnings Exhibit 6/1 and 6/2 and 1 nose nail Exhibit -7 from the dead body vide memo Exhibit Ka-8. He then took in his possession the blood stained earth and plain earth Exhibit 8 and Exhibit -9 and sealed them in two different dibbas and the spot and marked it as Exhibit Ka-9 before the witnesses. He also took in his possession one tikli of card board and one tikli of plastic of the wads and one was marked as Exhibit -10, Exhibit -11 and Exhibit -12 respectively, found on the spot and prepared its memo Exhibit Ka-10 and sealed them on the spot before the witnesses. Thereafter the sealed dead body of Smt Kundala was handed over to constable Umesh Chandra Tewari C.P. No. 2394 PW-6 at 12:10 P.M. on 27.05.1981 on the spot for getting the post-mortem examination of the dead body done, on the spot. The I.O. recorded the statements of the complainant Smt. Mohana, Km. Sohana and of the witnesses of Panchayatnama. The I.O. then inspected the place of occurrence and prepared its sit plan Exhibit Ka-12. Thereafter the I.O. came to know that accused Sadhu had surrendered in the court of Sri Raj Singh, Judicial Magistrate, Lucknow on 30.05.1981 and was sent to district jail, Lucknow. He then on 13.06.1981 went to jail and recorded his statement and on 15.07.1981 after concluding the investigation of the case, he submitted charge sheet Exhibit Ka-13 against accused Sadhu. PW-7 Dr. Ram Niwas was then posted as Medical Officer, Infection Disease Hospital, Lucknow. He conducted the autopsy of the dead body of Smt Kundala on 29.05.1981 at 05:30 P.M., and prepared post-mortem report Exhibit Ka-1, its carbon copy is also on record. The dead body of Smt. Kundala was brought in sealed condition by Umesh Chandra Tewari C.P. No. 2394 PW-6 in the mortuary and he has identified the dead body at the time of post-mortem examination: