AGNESH SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) VIRENDRA Saran, J. Smt. Agnesh Sharma has preferred this appeal against the judgment and order dated 23-5-1979 of the Additional Sessions Judge. Rae Bareli convicting and sentencing the appellant under Section 302/301/149, I. P. C. to im prisonment for life and under Section 147, I. P. C. to one year's R. I.

(2.) THE prosecution case is that the appellant was married to Sitaram Sharma. Sitaram Sharma used to reside at Lucknow where he owned a licensed wine shop and visited his wife once a week. Sitaram Sharma was a Hindu. THE appellant was a Catholic Christian, but she married Sitaram Sharma who was a Hindu. P. W 1 Anil Singh is son of John Singh. P. W. 2 Rita Singh and Nita Singh are sisters of Anil Singh. David Singh alias Nandu Singh and Aftab Singh are their brothers. THEy all are Christians. Ftila Singh and Nandu Singh were Catholics whereas the other mem bers of the family were Protestants. THE entire family lived in Mohalla Bahrana which lies to the north of the railway sta tion Rae Bareli. P. W. 1 Anil Singh was running a general merchandise shop in Gur Mandi, which is 3 or 4 furlongs away from their house. Deceased Hari Krishna Mehrotra was having business dealings of supplying Modern breads to Anil Singh P. W. 4 Anoop Trivedi had a tea shop in the neighborhood only about 40 paces from Anil Singh's shop.

(3.) ANIL Singh left the deadbody in the care of Anoop Trivedi and Muddu Miyan. He first went to his shop and after inform ing his father proceeded to P. S. Kotwali which was only 3 furlongs away from the spot and dictated the F. I. R. to clerk-con stable Ram Pal Misra who prepared chik report Ext. Ka-1 and registered the case at 7. 10 p. m. Investigation was taken up by P. W. 7 Inspector Sukhpal Singh who reached the spot. The family members of the deceased insisted that the body be sent to the hospital hoping that the deceased might be still alive and hence P. W. 7 carried the dead body to the District Hospital where the doctor examined the deceased at 8. 25 p. m. , but declared him dead. The body was thereafter sent to the mortury. The Investigating Officer recovered blood stained and plain earth from the place of the incident and he also found an empty cartridge (Ex. 1) lying at the spot and he took the same in his possession vide recovery memo (Ext. Ka-7 ). The inves tigating officer thereafter searched the room of the appellant, but no incriminat ing article was found.