SHAMSHER Vs. STATE OF U P

JUDGEMENT

(1.) The present appeal has been filed by sole accused/convict Shamsher against the judgment and order of conviction passed by Additional Sessions Judge/Special Judge, Bareilly in S.T. No.298 of 1986, under Section 302 I.P.C., Case Crime No.163 of 1986, P.S. Baradari, District Bareilly, convicting the accused-appellant for the offence under Section 302 I.P.C. and sentencing him with rigorous imprisonment for life.

(2.) The brief facts relating to the appeal are that Smt. Ramshree wife of Gulab Singh lodged a F.I.R. at 10:00 p.m. on 17.3.1986 with the allegations that "she lives with her brother-in-law (Jeth) Sita Ram in Mohalla Chak Mahmood, P.S. Baradari, District Bareilly and her husband Gulab Singh is in service at Moradabad; that her sister-in-law (Jethani) Smt. Kalawati and uncle-in-law (Chachia Sasur) Nand Lal runs a tea-stall at Dohna Railway Station; that today she was at home with her daughter Uma Rani @ Nanhi, Jeth and his son Ranu and the lantern and lamp were on; that in the neighbourhood her daughter Rani lives with her husband Shamsher Singh, son-in-law (Damad) of applicant; that today at about 9:00 p.m. her son-in-law committed mar-pit with her daughter Rani on which her Jeth went to the house of Rani where her son-in-law was present; that her Jeth admonished her son-in-law for committing mar-pit with her daughter and since she was weeping, her Jeth Sita Ram entered into hot talks and in rage of anger also slapped her son-in-law and returned to home and went to bed; that after a while at about 9:30 p.m. her son-in-law armed with knife came to her house saying her Jeth as to how he dared to slap him and that he will not spare him and gave knife blows on his head and neck due to which when her Jeth tried to get up, he felled on the ground and died; that the incident of stabbing was seen by her, her daughter Uma Rani and Ranu, son of Sita Ram (deceased) in the light of lantern and lamp; that upon alarm raised by them neighbours arrived there and seen Shamsher running with the knife; that dead body of her Jeth is lying in the room."

(3.) The above F.I.R. was written upon submission of written report by first informant Smt. Ramshree which was got scribed by her from Dr. P.C. Kamal. The case was registered at Case Crime No.163 of 1986 and the I.O. after preparing memo of blood stained mattress, blood stained and simple earth as well as lantern and lamp taken them in his custody. After preparation of inquest report the body of deceased was sent for post-mortem and after collecting the post-mortem report and making necessary inquiry and completing the investigation, the I.O. submitted the charge-sheet against the sole accused-appellant under Section 302 I.P.C. The Magistrate after taking cognizance committed the case to Sessions Court where it was numbered as S.T. No.298 of 1986.