TRIBHUWAN Vs. STATE OF UP

JUDGEMENT

(1.) Heard Sri Ashok Kumar Singh, learned counsel for the appellant, Sri A.N. Mulla, Sri Sagir Ahmad and Sri J.K. Upadhyay, learned A.G.A.s. for the State.

(2.) This appeal is directed against the judgement and order dated 09.01989 passed by the IIIrd Additional Sessions Judge, Azamgarh in S.T. No. 190 of 1988 (State Vs. Tribhuwan), arising out of Case Crime no. 28 of 1988, under Sec. 302 I.P.C., Police Station Ahiraula, district Azamgarh, by which the accused-appellant Tribhuwan was convicted and sentenced to imprisonment for life under Sec. 302 I.P.C.

(3.) Briefly stated the facts of this case are that PW1 complainant Jhulai, son of Purdul Kohar, resident of Chak Brahimi, P.S. Ahiraula lodged a written report (Ext.Ka1) at police station Ahiraula on 11.01988 at about 11:30 A.M., stating therein that marriage between the accused-appellant Tribhuwan son of Baijnath was solemnized about one year ago with deceased Smt. Phoola. A few days before the occurrence, she had returned from her paternal home to her matrimonial home in village Chak Brahini. On the day of occurrence the fatherinlaw and motherinlaw of the deceased Smt. Phoola had gone to the field for cutting sugarcane in the morning while the accused-appellant and his wife had stayed back in their house. At about 8:30 A.M. some altercation took place between them and thereupon accused-appellant Tribhuwan started stabbing his wife with a knife, on which she raised cries for help whereupon the complainant and other villagers rushed to their house and on reaching there they saw the accused-appellant coming out of his house hastily followed by his injured wife Phoola with a knife pierced into her stomach and who after coming out of the house stumbled and then fell on the ground, while accused-appellant Tribhuwan escaped away despite efforts made by the complainant to catch him. In the meantime parents of the accused-appellant also reached the place of occurrence and pulled out the knife from the deceased's stomach. PW1 Jhulai went to the police station leaving behind the parents of accused-appellant at the crime scene, weeping and waling and lodged the first information report of the occurrence. On the basis of the written report of the incident (Ext.Ka1) lodged by PW1 at police station Ahiraula, Case Crime no. 28 of 1988, under Sec. 302 I.P.C. was registered against the accused-appellant. Chek F.I.R. (Ext.Ka6) and G.D. entry were prepared. The investigation of the case was entrusted to S.I. Maharajdeen who visited the spot and recorded the statements of the witnesses, collected plain and blood stained soil from the spot, seized crime weapon and prepared recovery memos of the aforesaid articles. He also prepared the site plan of the incident and after completing the inquest, prepared inquest report and other documents and dispatched the dead body of the deceased for conducting postmortem. Thereafter the investigation was transferred to PW5 Gokaran Singh, S.O. police station Ahiraula who after completing the investigation submitted charge sheet against the accused-appellant under Sec. 302 I.P.C. before the Chief Judicial Magistrate, Azamgarh.