PAUHARI SARAN Vs. STATE

JUDGEMENT

(1.) K. S. Rakhra, J. This jail appeal has been filed by the appellant Pauhari Saran challenging his conviction under Section 302, IPC and sentence of life imprisonment passed by IIIrd Addl. Sessions Judge, Deoria through impugned judgment and order dated 23-8-1999 in S. T. No. 439 of 1995. The appellant is represented by Amicus Curiae Sri Sudhist.

(2.) THE charge against the appellant was that on 29-7-1995 at about 8. 00 p. m. in village Khertia within the circle of police station Baghauch Ghat District Deoria he committed murder of his wife Smt. Ranjana Srivastava in his own house in a part of which a dispensary was also being run by him. He is not a qualified doctor but was practising as a quack. First Information Report in this matter was lodged on 29- 7-1995. at 21:15 hours by Sri Dharmendra Kumar Srivastava P. W. 1, brother of the deceased.

(3.) IN the opinion of the doctor the death had occurred about one day earlier on account of shock and haemorrhage as a result of ante-mortem injuries.