JAGAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 10.3.1983 passed by 7th Additional Sessions Judge, Meerut in S.T. No. 422/1978 (State v. Jagan) Section 304 IPC, P.S. Lalkurti, Meerut. By this judgment, accused Jagan had been convicted for the charge under section 304 IPC and was sentenced to undergo imprisonment for life.

(2.) The prosecution case in brief is that on 29.3.1977, the deceased Kamla was at her house situated near Cooperative Bank, Kacheri Road, P.S. Lalkurti, Meerut. At that time, she was running a small hotel (Dhaba) in ground floor of her house and residing on first floor of the same building. Her husband Sohan Lal was running another Dhaba in Lalkurti. Accused Jagan had illicit relation with Kamla. On 29.3.1977 at about 1:30 P.M. Kamla was in her residential room at first floor of the building, accused Jagan came there with a bottle of liquor and attempted to outrage her modesty by tying to having sexual intercourse with her. She protested because her children were present in house at that time. Annoyed, Jagan used force for having sex, but when she resisted, then accused attacked her with knife and inflicted injuries. In this incident, Jagan also got injured by his own knife and fell down. The occurrence was witnessed by Mukash son of Kamla and also by her servant Suresh, who had taken Kamla to P.L. Sharma Hospital, Meerut and admitted her there. Thereafter husband of Kamla, namely Sohan Lal, was informed, who reached the hospital, and later on lodged FIR (Ex. Ka-1) in police station on same day at 6:10 P.M. Kamla was medically examined at hospital at 2:00 P.M. On same day accused Jagan was also medically examined in the hospital at 2:30 P.M., when he was brought there by police constable. During treatment, Kamla succumbed to injuries inflicted on her by accused Jagan and died on 21.4.1977. The case was originally registered under section 324 IPC by police, but after the death of Kamla, it was converted under section 304 IPC, for which charge-sheet was submitted in the court.

(3.) After framing of the charges, prosecution examined six witnesses, out of which PW-4 Dr. J.K. Kansal and PW-6 S.I. Jagbir Singh were formal witnesses. PW-4 Dr. J.K. Kansal had medically examined victim Kamla on 29.3.1977 at 2:00 P.M. and found incised wound 5 cm x 3 cm on front of her side of chest extended up to the upper part of the abdomen, and bleeding was present at the time of examination. Depth of the wound was not probed by him. He also found another lacerated would on right elbow of victim with bleeding. According to him, incised wound was caused by sharp edged weapon and lacerated wound was caused by blunt object. According to him, injuries were fresh at the time of medical examination and first injury could have been caused at 1:30 P.M. on 29.3.1977 by knife. He proved injury report (Ex. Ka-4) prepared by him. Other witnesses PW-5 and PW-6 were also formal witnesses relating to investigation and lodging of FIR, who also proved documents prepared during lodging of case and during investigation.