SMT. SUMAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Abhai Raj Singh, learned counsel for the appellant and Sri Sagir Ahmad learned A.G.A. for the State.

(2.) This appeal has been preferred by the appellant Smt. Suman against the judgement and order dated 28.2.2006 passed by the Additional Sessions Judge/F.T.C. Court no. 3, Azamgarh in S.T. no. 453 of 1999 (State v. Smt. Suman), arising out of Case Crime no. 765 of 1999, under Section 302 I.P.C., P.S. Kotwali, district Azamgarh, by which the appellant has been convicted under Section 302 I.P.C. and sentenced to imprisonment for life and a fine of Rs. 3000/- and in default of payment of fine one year additional R.I.

(3.) The prosecution case in brief is that P.W.1 Laharu Prasad Yadav, son of Jhuri Yadav, resident of village Sikraur, police station Kotwali, district Azamgarh lodged a written report (Ext.Ka 1) at police station Kotwali, district Azamgarh on 28.5.1999 at 00:30 hours, stating therein that on 26.5.1999 at about 9 p.m. Champion, son of the appellant came to his house and told his son Hansraj that his grandmother Mati wanted to meet him in her house, on which Hansraj left for the house of Mati with Champion. The informant and his family members went to sleep and when they woke up in the morning they found that Hansraj had not returned on which the informant and his other family members went to the house of Mati and Suman and inquired from them about the whereabouts of Hansraj on which they expressed their ignorance. The informant suspected that his son had been murdered by the appellant, Smt. Suman, her mother Mati and her brother Rajneti and his dead body concealed by them inside their house. He went to police station and gave a written report of the occurrence (Ext.Ka 1) which was registered as Case Crime no. 765 of 1999 at police station Kotwali, district Azamgarh under Section 302 I.P.C. against the appellant and two other persons. Chek F.I.R. Ext. Ka 2 was prepared by PW 4 Head Moharrir A.P. Singh. The investigation of the case was entrusted to PW 6 Ram Prasad Tiwari S.H.O. police station Kotwali. During the course of investigation of the aforesaid case the Investigating Officer visited the place of occurrence, got the dead body recovered by breaking open the lock of the house and after inspecting the same prepared its site plan Ext.Ka 12, conducted the inquest and prepared inquest report Ext.Ka 7 and other documents challan lash Ext.Ka 6, photo lash Ext.Ka 11 and letters addressed to RI and CMO Ext.Ka 8 and Ext.Ka 9 and police form no. 13 Ext.Ka 10. He also seized blood stained and plain earth, blood stained 'kathri' and rope from the place of occurrence and prepared recovery memo of the aforesaid articles Ext.Ka 7. The seized articles were sent to Forensic Lab, Lucknow for forensic examination. The reports of the forensic lab were brought on record as Ext.Ka 13 and Ext.Ka 14. After completing the inquest he got the dead body of Hansraj sealed and dispatched the same to the district hospital for conducting the post mortem. The post mortem of the cadaver of the deceased was conducted by PW 3 Dr. J.P. Gupta on 28.5.1999 at about 2:15 PM who also prepared his post mortem report Ext. Ka 5. PW 3 Dr. J.P. Gupta noted following antemortem injuries on the dead body of the deceased: <IMG>JUDGEMENT_37_LAWS(ALL)6_2017.jpg</IMG>