RAJENDRA PRASAD Vs. STATE

JUDGEMENT

(1.) THIS appeal has been filed by Rajendra Prasad against the order dated 29-6-1977 passed by the Sessions Judge, Kanpur Dehat convicting him for the offence of murder under section 302 IPC and sentencing him to imprisonment for life.

(2.) THE appellant is said to have committed the murder of his wife Smt. Phoolmati, aged about 20 years, by strangulating her in the ground-floor room of her fathers house no. 301 Rail Bazar P. S. Cantonment, Kanpur City on the night between 13/14th January, 1976.

(3.) THIS occurrence is said to have taken place on the same sight some time after mid night and before 3 A. M. in the same ground-floor room, in which the accused had started living with his wife. There is no eye witness of the actual commission of this murder. The medical evidence shows that the deceased was strangulated. It is further said that at about 3 A. M. the accused opened the door of that room and came out whereupon Chhedi PW 2, who resided in another room of the same house, was awakened from sleep and asked who was there. The accused replied that it was he. Chhedi thought that the accused had gone for urination. Thereafter at about 4 A. M. Smt. Chhidana PW 1, who was sister of the deceased and lived with her husband in the back portion of house no. 301 Rail Bazar, came to the room and called Smt. Phoolmati as she wanted her to accompany for taking bath in the Ganges on the occasion of Makar Sankranti. There was, however, no response to the calls of Smt. Chhidana. She then tried to tap the door and found the same open. She went inside the room and found Smt. Phoolmati lying wrapped in a Rajai and blanket on the cot. When she uncovered her face, she found her dead with marks of nails on the neck and her tongue was protruding out. She raised alarm whereupon Chhedi PW 2, Hori Lal, Darshan, Manni Lal PW 3 and his wife came running. Smt. Chhidana was informed that there was an altercation between the accused and the deceased till about mid night, during the course of which the accused bad threatened to kill her. She was also told that the accused had left the house in the night at about 3 A. M.