(1.) This jail appeal has been filed by the appellant Murlidhar against the judgment and order dated 25.9.2001 passed by Sessions Judge, Jhansi whereby the appellant has been convicted under Sec. 302 Indian Penal Code and sentenced to life imprisonment.
(2.) The brief facts of the case mentioned in the F.I.R. lodged by Dev Singh at police station Shahjahanpur District Jhansi are that the appellant had illicit relations with the wife of informant's eldest son Sanju. On account of this his son Sanjau had separated from his wife Phukkan and she was living in her Maika. Since then appellant used to abuse and assault his wife and informants son Sanju. On 2.3.2000 the appellant had assaulted his wife and she had left his house and started living in her Maika. On 3.3.2000 there was a ceremony of Shuddhta of death in the house of Balmukund. The informant alongwith Pyarey Raja and Ram Kishore were returning from the house of Balmukund. They heard some cries from the house of Murlidhar, appellant and the door of his house was open and they entered into the house at about 11.30 p.m. and saw that on the roof of the house Murlidhar was assaulting his sons Sanju aged about 22 years and Maithli aged about 14 years with an axe. He had also threatened them and ran away from the house. Both the sons were lying dead on the roof of the house. He had lodged the report at the police station on 4.3.2000 at 2.30 a.m. which was registered at case crime no. 9 of 2000.
(3.) After the registration of the report Banshi Lal Savita, S.S.I commenced the investigation. He had recorded the statement of the informant Dev Singh and Head Moharrir Ganga Ram Patel at the police station and reached at the place of occurrence in the night in village Talaur. He had prepared the site plan on the pointing out of the informant in the morning of 4.3.2000. He collected blood stained and plain earth from near the dead bodies and prepared its recovery memo. The recovery memo was prepared by S.C. Deshraj Singh on his dictation, which is Ex. Ka-7. Recovery memos of blood stained mattress, pillow and blanket were also prepared by Shri Deshraj Singh on his dictation which is Ext. Ka-8. H.C.P. Deshraj prepared inquest memo on the body of Sanju on his dictation, which is Ext. Ka-9 and also prepared the relevant papers for the post mortem examination which are Ext Ka-10 to Ka-14. He had also prepared the inquest memo on the body of Maithli on his dictation, which is Ext. Ka-15 and the relevant paper for the post mortem examination which are Ext. Ka-16 to Ka-20. He had also handed over the dead bodies to constable Sunder Lal and constable Mewa Lal for being escorted to the mortuary. On 4.3.2000 he recorded the statement of Pyarey Raja and he had also arrested appellant Murlidhar and on his pointing out an axe was also recovered. The blood stained Paijama and Kurta were also taken into possession and prepared its memo, which is Ext Ka-21. He had prepared the site plan of recovery of axe, which is Ext Ka-22. He had lodged the accused in the police station alongwith the recovered articles. A G.D. entry is Ext Ka-23. After the conclusion of the investigation, the charge sheet was submitted against the accused, which is Ext. Ka-24.