GAJENDRA NATH Vs. STATE OF U P

JUDGEMENT

(1.) K. S. Rakhra, J. On the date of the incident, 11-8-1979, appellant himself lodged a report at Police Station Babu Purwa, Kanpur at 6. 10 p. m. stating that his wife Shakuntla has committed suicide. According to the report, the appellant was employed with Arora Trading Corporation at Kahu Kothi. That day as usual he had gone on his duty at 9. 30 a. m. At about 3 p. m. his landlady Shanti Devi informed him at Arora Trading Corporation Kahu Kothi that Smt. Shakuntla had ended her life by hanging. He immediately rushed to his house and found his wife hanging from a peg in the wall by using Dhoti. He mentioned in his report that deceased was 18 years old and was a lady of low intelligence and used to remain sick. The said information was registered by constable Vidya Dhar at serial No. 52 in general diary of police station Babu Purwa which has been duly proved by Babu Ram Awasthi P. W. 3.

(2.) THIS is an appeal against the judgment and order dated 6-3- 1982 passed by IIIrd Additional Sessions Judge, Kanpur whereby the appellant Gajendra Nath has been held guilty under Sections 302/201, IPC and has been sentenced to imprisonment for life for the first offence and five years R. I. under Section 201, IPC in Sessions Trial No. 508 of 1980, State v. Gajendra and two others.

(3.) BAL Kishore Jatav Senior Sub-Inspector of Police P. W. 4 posted at Police Station Babu Purwa came across the doctor's opinion and he took up the investigation in his own hands. In the end of September, 1979 this witness made a spot inspection of the place of incident (Kothari) where alleged suicide was committed and he did not find any steel or other peg or hook fixed in the wall on which body could be hanged. He arrested the appellant on 14-8-1979 from village Garha Kasda District Etawah. Sri Shiv Raj Singh S. I. P. W. 7 is the second Investigating Officer who conducted further investigation and finding a prima facie offence of murder and concealing of evidence of murder being disclosed against the appellant, his landlord Awadhesh Kumar and one Laxmi Kant, who was alleged to have friendly relations with the appellant, submitted a charge-sheet against them under Sections 302/201/120-B, IPC.