VIJAY BAHADUR Vs. STATE

JUDGEMENT

(1.) Heard Sri Sharda Prasad Mishra, learned Amicus Curiae for the appellant and Sri Nagendra Bahadur Singh, learned Additional Government Advocate.

(2.) The instant jail appeal was filed against the judgement and order dated 19.9.2007 passed by the court of Sessions Judge, Jaunpur in S.T. No.377 of 2006, whereby the appellant was convicted under Section 302 I.P.C. and awarded sentence to undergo imprisonment for life.

(3.) Briefly stated the facts of the case are that on 19.9.2006, P.W. 1 Jeet Lal Harijan s/o Devi Deen, resident of village Semraho, P.S. Meerganj, District Jaunpur gave a complaint to the police station regarding murder of his daughter. He stated in the complaint that his son-in-law Vijay Bahadur i.e. appellant came to his house on 19.9.2006 at about 11.00 A.M. for 'VIDAI' of his wife Sunita Devi, daughter of the complainant. He told the appellant that 'VIDAI' of his daughter will be done after Navratri. He again came on the same day at about 5.30 P.M. and told that he wanted to speak with his wife i.e. Sunita Devi (deceased) regarding some other matter. At that time, complainant Jeet Lal, his wife Shripatti Devi and Kewla Prasad were sitting in the Madai. On the pretext of his request they allowed him to speak with Sunita Devi (deceased) in the varanda. After sometime, they heard crying of Sunita Devi (deceased) and when they rushed to the spot they saw that the appellant was inflicting knife blow on the neck of the deceased. On the basis of the complain, an FIR was lodged. After lodging the F.I.R., the police reached on the spot and made a site plan. Deadbody was recovered and sent to the hospital for the post mortem. The statement of the complainant was recorded. The blood stained soil and plain soil were seized and blood stained knife was recovered. The police prepared the seizure memo of all the articles which were recovered and sent for chemical examination. The police had recorded the statement of wife of the complainant and other formal witnesses. On 12.12.2006, police filed a chagesheet for the offence under Section 302 I.P.C. against the appellant in the concerned court.