ASHIQ LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Appellant Ashiq Lal was convicted by Sri J.M. Srivastava, the then III Addl. Sessions Judge, Fatehpur vide his judgment and order dated 6-8-1980 and was sentenced to 7 years R.I. under Section 304, (II), I.P.C. Feeling aggrieved by the said judgment, he has come up in appeal before this Court.4. The prosecution story, briefly stated, is as follows :One Banwari had three wives. The eldest was Smt. Ratania, second was Smt. Nanki P.W. 2 and the third was Smt. Maharajiya deceased. He had no son out of any of these three wives. The first wife Smt. Ratania died long ago. Smt. Ratnia left behind her two daughters namely, Smt. Sukhi and Jaggi. The accused appellant Ashiq Lal was the son of Sukhi. The other accused Kishori Lal, (who has since been acquitted by the trial Court itself) was the son of Smt. Jaggi Banwari died about two years prior to the occurrence of this case some where in the year 1976. He left behind Smt. Nanki PW 2 and deceased Smt. Maharajiya as his surviving wives. Banwari owned about 5-6-Bighas of land. After the death of Banwari Smt. Nanki and deceaed Smt. Maharajiya took half share each in the properties of Banwari. They lived in separate rooms in one and the same house situate in village Isanpurwa.3. The occurrence of this case took place on 10-9-1978 at about 5 a.m. At that time the deceased Smt. Maharajiya was sleeping in her room. Smt. Nani PW 2 was sleeping in another room. Km. Bimla PW 6, who was then minor girl aged about 6 years and was the daughter of the daughter of Smt. Maharajia deceased used to live with Smt. Maharajia, was sleeping on a different cot in the room of Smt. Maharajia along with accused appellant Ashiq Lal. In the early morning Smt. Nanki heard the shrieks of Km. Bimla PW 6. She went to the room of Smt. Maharajia and there she found that Smt. Maharajia was lying in a pool of blood having several injuries on her person. On enquiry from Km. Bimla PW 6, Smt. Nanki was informed that Ashiq Lal and two other perons had inflicted the injuries to her Nani Smt. Maharajia, who died after four days of this incident on 14-9-1978 at District Hospital Fatehpur.4. A written report Ex. Ka-4 purported to have been made by Smt. Nanki PW 2 was lodged at P.S. Kotwali Sadar Fatehpur on 10-9-1978 at 10 a.m. On the basis of this written report, Ex. Ka-4, a Chik report was propared by Ansar Ahmad, Head Moharrir PW 1, on 9-10-1978 at 10 a.m. Since Smt. Maharajia was alive and was admitted to Hospital, therefore, a case punishable under Section 307, I.P.C. against Ashiq Lal and Radhey Shyam as suspect was registered. After the death of Smt. Maharajia on 14-9-1978, the case was converted into one under Section 302, I.P.C. vide G.D. report Ex.Ka-3.5. The investigation into the case was taken by S.I. Ranvir Singh Solanki PW 4. who was then working as S.I. of police at P.S. Kotwali Fathehpur. He immediately recorded the statement of H.C. Ansar Ahmad, Smt. Nanki PW 2, Km. Bimla PW 6, Ram Asrey PW 3, Gulab Singh and Prem etc. He inspected the scene of occurrence and prepared the site plan Ex.Ka-4. He recovered blood stained and simple earth from the scene of occurrence and prepared the recovery memoes about the same. He raided the houses of the accused persons on 11 -8-1978. The accused persons were not available. After receiving the information about the death of the deceased on 14-9-1978 he prepared inquest report Ex.Ka-7. He sent the dead body of the deceased for post mortem examination and after needful investigation into the matter submitted the charge sheet against the accused Ashiq Lal and Kishori Lal on 6- 10-1978.6. The post mortem examination on the dead body of the deceased was performed by Dr. J.S. Roy, Medical Officer, District Hospital Fatehpur on 15-9-1978. He found the position as under :-7. The body of the deceased was average built. Rigor mortis was present in lower limb. The bone of the right shoulder of the deceased was broken. Clotted blood was there in the brain. Dr. Roy found the following injuries on the person of the deceased.1. Stitched wound 2" x 1/10" (stiched) bone deep right side of face 1/2" below the right ear horizontally over the angle of right mandible upto cheek bone, fracture underneath.

(2.) Stitched wound 1/2" x 1/10" (stiched) right side of chest 11/2" below the injury No. 1 mandible bone below the injury fractured.

(3.) Stitched wound 1" x 1/10" front of chin Muscle deep.