SHEO DULAREY Vs. STATE

JUDGEMENT

(1.) By the judgment and order dated 29-2-80, passed by Shri R.M.R.Khan the then 1st Addl. Sessions Judge, Unnao, appellant Sheo Dularey has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life for committing the murder of Smt. Prem Kumari, sister-in-law of the appellant, on 31-7-78, at about 6.00 p.m. at the door of the house of the deceased situate in village Dandamau under police Station Bighapur, district Unnao. Appellant has further been convicted under Section 326, I.P.C., and sentenced to undergo rigorous imprisonment for 4 years for causing injuries to another sister-in-law Smt. Raj Kumari by axe on the same date, time and place. Both the sentences have been ordered to run concurrently. Through this appeal the appellant has challenged his conviction and sentence.

(2.) Briefly stated the prosecution story was that the appellant Sheo Dularey has 4 brothers. The eldest brother used to live with his in-laws in village Karam. Surya Prasad another brother of appellant Sheo Dularey, whose wife was Smt. Raj Kumari, P.W.2, used to live in Kanpur where he was serving in a Dal Mill. Shri Devi Prasad, the third brother was serving in Army in Nizamabad. His wife was Smt. Prem Kumari, the deceased. Smt. Prem Kumari with her children used to reside in village Dadamau. Only two brothers namely Sheo Dularey appellant and Bhagwati used to live in the same village. It is said that Smt. Raj Kumari had been visiting the village occasionally. It is alleged that several years ago Debi Prasad had married Smt. Prem Kumari deceased at Hyderabad itself. Sheo Dularey and Bhagwati did not like the said marriage and they used to scandalize Smt. Prem Kumari by making wild allegations touching her character and used to assault her by saying that it was not known to which caste she belonged and she was a blot to their family. They wanted Smt. Prem Kumari to leave the house and go away so that they could exclusively enjoy the house and the land belonging to the share of Debi Prasad.

(3.) It is said that a day prior to the present occurrence Smt. Raj Kumari, P.W.2, had come to her husband's parental house in village Dadamau and was staying with the deceased Smt. Prem Kumari. On 31-7-78, she had gone with the deceased Smt. Prem Kumari to see the fields and grove. There they found Sheo Dularey appellant grazing his cattle in the grove of Smt. Prem Kumari to which the latter protested and both had exchange of abuses. On the same evening at about 6.00 when Smt. Prem Kumari and Smt. Raj Kumari were present at the door of the house, Sheo Dularey appellant came there with an axe in his hand. Seeing Sheo Dularey, Prem Kumari said why he got her grove grazed by cattle. Appellant abused her and then abuses were exchanged between Sheo Dularey and Smt. Prem Kumari.. This attracted neighbours Srinath, Keshav, Sushil and others who tried to reconcile the matter, however, Sheo Dularey rushed up with the axe and started assaulting Smt. Prem Kumari saying that he would finish her. When Smt. Raj Kumari, P.W.2, made an attempt to save Smt. Prem Kumari she too was assaulted by the appellant who gave an axe blow upon her back. She also fell down on the ground. Sheo Dularey continued to assault Prem Kumari with the axe till she died and then the appellant ran away from the scene of occurrence along with the weapon of assault i.e. axe. Leaving the dead body of Smt. Prem Kumari at the scene of occurrence, Smt. Raj Kumari went to the police station Bighapur in a bullock-cart with Sita Ram Pasi and dictated an oral report Exhibit Ka.- 1 which was recorded by Head Constable Abdul Rasheed Khan, P.W.5, at 8.15 p.m. A case under Section 302/326, 1.P.C.was registered and Smt. Raj Kumari was interrogated by the Investigating Officer. She was then sent for her medical examination with Constable Amrit Lal Shukla. Dr. S.C.Mishra, P.W.6 medically examined Smt. Raj Kumari at 11.45 p. m. on the same night and found the following injuries on her person.