RAJA RAM Vs. STATE

JUDGEMENT

(1.) Heard Sri D.R. Kushwaha, Advocate holding brief of Sri Upendra Kumar Singh, learned counsel for the appellant and Sri J. K. Upadhyay, learned A. G. A. for the State.

(2.) This Criminal Appeal has been preferred by the appellant Raja Ram against the judgement and order dated 30.05.1988 passed by 5th Additional Sessions Judge, Pilibhit, in S.T. No. 337 of 1986, State Vs. Raja Ram and another, arising out of Case Crime No. 161 of 1986 under Section 302/201/120-B I.P.C., P.S.- Amaria, District- Pilibhit by which the appellant was convicted and sentenced to imprisonment for life u/s 302 I.P.C.

(3.) Briefly stated the facts of this case are that one Prabhu Charan, Chowkidar of village Kainchu-Tanda lodged a written report at P.S.- Amaria, District- Pilibhit on 24.08.1986 at 11.15 hours alleging therein that one Raja Ram, who was originally resident of village Kachhnara and had later settled in village Kainchu-Tanda, during the subsistence of his marriage with Chandrakali and during her lifetime, had kept his younger brother, Gendal's wife Smt. Lalta Devi as his concubine in the same house after the death of Gendal and accorded her the status of his wife. On 24.8.1986, in the evening, Raja Ram was going with his wife Smt. Chandrakali on his bicycle on the pathway on the bank of canal towards Chandrakali's parental village Kachhnara. While the couple crossed over the siphon lying in between the villages, Bhoorkoni and Pareva on the pathway of the said canal, Smt. Chandrakali fell into the canal and was drowned. The accused Raja Ram had thereafter returned to his village Kainchu-Tanda. One Qayum, who was resident of the same village and who was coming from the side of village Pareva, had informed him about the incident who informed the officer in-charge of P.S.- Amaria about the aforesaid incident. The officer in-charge of P.S.- Amaria after receiving the aforesaid information, instructed a constable to inform P.S.- Jahanabad for taking necessary action in the matter as the place of occurrence fell within the territorial jurisdiction of P.S.- Jahanabad and consequently a case was registered at P.S.- Jahanabad.