SUKHDEO GAUR Vs. STATE

JUDGEMENT

(1.) Appellant Sukhdeo Gaud has filed this jail appeal against the judgement and order dated 26.2.2004 passed by the Additional Sessions Judge (FTC) Sonbhadra in Sessions Trial No. 160 of 2002 (State Vs. Sukhdeo) arising out of Crime No. 396 of 2002, Police Station (P.S.) Duddhi, District Sonbhadra whereby appellant was convicted under Sec. 304 Indian Penal Code (I.P.C.) and sentenced to life imprisonment and a fine of Rs. 1000.00 with default stipulation.

(2.) Prosecution story in brief is that on 07.10.2002 appellant Sukhdeo arrived at his residence in drunken state and questioned his 10 years old son Vinod (informant/P.W.1) about the whereabouts of his mother deceased Udasia. The informant Vinod (P.W. 1) informed the appellant that his mother had gone to sell wooden logs. As soon as deceased Udasia arrived at the residence around 8:30-9:00 pm, appellant Sukhdeo shouted at her and also started beating her with lathi (wooden stick). Udasia sustained several injuries on her person. Two other persons, namely, 10 years old Vinod (P.W.1) and his younger sister Maiya (P.W.2) were present. They raised alarm but nobody came to rescue her mother. Appellant Sukhdeo ran away from the house. Both children were frightened and did not venture out of the house in the night. On next day, some neighbours of the village approached them but by that time Udasia had died. A report was scribed by one Ram Sakal (not examined) on behalf of 10 years old Vinod (P.W.1). The report (Ext. Ka-1) was lodged at P.S. Duddhi on 8.10.2002 at 4 pm. A chik report (Ext. Ka-2) was carved out and relevant entries were made in General Diary (G.D.)extract of which is available on record as Ext. Ka-3.

(3.) P.W.4 Ajai Kumar Rai, Sub Inspector (S.I.) of P.S. Duddhi commenced the investigation. He got the inquest report (Ext. Ka-6) prepared by S.I. Om Prakash Singh (P.W.5). Site plan (Ext. Ka-4) was prepared by Investigating Officer (I.O.). The statements of witnesses were recorded. The corpse of deceased was sent for postmortem.