(1.) This appeal has been preferred against the judgement and order passed by Sri Hemraj Ram, learned III Addl. Sessions Judge, at Deoria, in Session Trial No. 153 of 1982 u/Ss. 302/307 IPC which arose out of Crime No. 30 of Police Station Lar District Deoria. The accused was found guilty of the offence u/S. 302 IPC of murdering his mother Smt. Marjadi Devi and injured his sister Km. Sunaina Devi in such a way that she could have died out of these injuries and the accused was found guilty of the offence u/S. 307 IPC for attempt of murder of his sister Kin. Sunaina Devi and the learned Court below was pleased to sentence him to suffer for life for murder of his mother Smt. Marjadi Devi and seven years RI for the offence under Section 307 IPC and was further pleased to order that both the sentences were to run concurrently.
(2.) The prosecution case is that on 14-3-82 at about 8.00 a.m. the accused assaulted his mother by a spade while she was cooking food in the corner of the Varanda which was being used as kitchen. As a result of which said Smt. Marjadi Devi died on the spot. His sister Km. Sunaina (PW-2) tried to save her mother and she also sustained several injuries on her person and she fell down unconscious. On hearing the alarm raised by Smt. Marjadi Devi and Km. Sunaina, the informant Raj Bahadur Singh (PW-1) alongwith other witnesses who were present at the shop at that time rushed to the house of Smt. Marjadi Devi and found the accused holding spade which was heavily blood stained. Then the accused tried to escape by running, but was chased and caught red handed and the accused admitted before Raj Bahadur (PW-1) Mohiuddin Siddiqui (PW-3) and Ram Adhar Singh (PW-4) that as his mother was not agreeable to partition the agricultural land so he had finished her. When the accused-appellant was caught in the aforesaid manner he was found holding a spade which has heavily blood stained.
(3.) After that the informant alongwith those witnesses went inside the house and found the mother of the accused of the appellant, (sic) was found also in unconscious stage in a very seriously injured condition. Then the informant alongwith the other took that injured sister to the hospital and thereafter the informant Raj Bahadur Singh made a written report and submitted the same to the police station Lar and formal FIR was drawn thereof. The investigation was taken up by S. I. Ram Mohan Ram who was then posted at police station Lar. He took the copy of that written information etc. and then proceeded for the place of occurrence. Before that he passed instructions for sending the accused-appellant Vijai Bahadur Singh to concerned Magistrate alongwith a prayer for police remand. He visited the place of occurrence and found the dead body of Smt. Marjadi Devi near the south-western part of the house which was being used as kitchen. S. I. Dudhnath also accompanied him who made the inquest report and prepared the Panchayatnama. The Investigating Officer seized blood-stained earth and plain-earth from that place, sealed them in separate packets in presence of the witnesses. He also seized other articles meant for cooking from the place of occurrence. I. O. took signatures of the witnesses in seizure list. He prepared site plan. The dead body in proper condition was sent alongwith forwarding note through constables for post mortem-examination. Thereafter he examined prosecution witnesses and recorded their statements u/S. 161 Cr. P.C. He went to hospital Deoria on 14-3-82 but since the witness Km. Sunaina was still unconscious her statements could not be recorded. He recorded her statement after 20 days when she regained fullsenses on recovery in hospital at Varanasi. The IO got Chemical-examination report and also post mortem report and after completion of all other formalities he submitted charge sheet against the accused. Be it noted that he also seized that blood stained spade under proper seizer list and sealed it in proper condition and sent the same through the police constables for chemical examination and report.