ROSHAN SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order of sentence passed by Sri. S.P.Agarwal, learned V.Addl. Sessions Judge at Meerut in Session Trial No. 89 of 1978 which arose out of crime No. 688/77 P.S.Delhi Gate district Meerut.

(2.) The prosecution story in brief is that one Smt. Chanda Devi (deceased), wife of S.I.Bankat Singh who at the relevant period was posted at Police Station Pilana, was living in a rented room situated in mohalla Indrapuri owned by accused Roshan Singh. The said Chanda Devi was living alone in that room. The portion of the house in possession of Roshan Singh and his family was inadequate so Roshan Singh was in great need for the space occupied by Smt. Chanda Devi and he insisted her to vacate the same. The said Roshan Singh had Aata Chakki in some portion of his house and whenever Bankat Singh used to visit Smt. Chanda Devi, Roshan Singh insisted him to vacate that room. On 25-12-77 at about 3.15 p.m. the deceased Smt. Chanda Devi was alone in her house and accused Roshan Singh asked her to vacate the room at once and started throwing her household articles. Deceased Chanda Devi put resistance. But Roshan Singh did not pay any heed to her resistance and went on throwing her house hold articles then Smt. Chanda Devi gave a patri blow, on the head of Roshan Singh. He got flared up, being assaulted had gone inside the house, brought a knife from his room and caught hold of Smt. Chanda Devi in one hand and when she was trying to get herself free and run away to save herself then Roshan Singh gave knife-blows on the vital part of her body. In the meantime Sahdeo Sharma hearing the noise and abuses which are being exchanged between Smt. Chanda Devi and Roshan Singh went to the roof of his house and saw the incident. He also raised alarm and asked Roshan Singh not to assault Chanda Devi. The alarm and noise attracted Dharambir, Madhu and Kishan Lal and they all came there and saw the incident and tried to apprehend the accused Roshan Singh but on showing the knife Roshan Singh threatened them and managed to escape from that place. Sri Sahdeo Sharma along with Kishan Lal and Dharambir Agarwal took Smt. Chanda Devi to the hospital by rickshaw but the doctor of the hospital examined the said Chanda Devi and declared her dead. Then Sahdeo Sharma went to the Police Station and lodged the F.I.R.He was examined by the I.O.and then, he came back.

(3.) The further case of the prosecution is that S.I.Bankat Singh was given information about Chanda Devi's death, who came and took the delivery of the deadbody, after post mortem examination. P.W.2, Sahdeo Sharma and others took the deceased Chanda Devi to the cremation ground and cremated the dead-body of Chanda Devi.