SADHU SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Present jail appeal has been preferred by accused-appellant Sadhu Singh against judgment and order dated 06.04.2006 passed by Additional Sessions Judge, Court No. 3, Etah in Sessions Trial No. 665 of 2003 arising out of Case Crime No. 89 of 2003 (State of U.P. Vs. Sadhu Singh) under Section 302 I.P.C., Police Station Jaithara, District Etah convicting and sentencing accused appellant for the offence under Section 302 I.P.C. with imprisonment for life and also fine of Rs. 3,000/-. In the event of default in payment of fine, accused-appellant was also directed to undergo one year's additional imprisonment.

(2.) Prosecution story in nutshell, as unfolded in written report Ext. Ka-1, is as follows:

(3.) Informant PW-1 Kanhaiya Lal moved written report Ext. Ka-1 scribed by Viresh Kumar at police station concerned on 28.06.2003 mentioning therein that Ram Prasad (deceased) and accused-appellant Sadhu Singh both were close friends. Accused-appellant Sadhu Singh had purchased an woman two years back. It was also mentioned that on 27.06.2003 in the evening accused-appellant Sadhu Singh came to house of informant and told the deceased that his wife was not present in his house and asked about whereabouts of his wife. On this, informant's brother i.e. deceased told him that he was not aware about her whereabouts. Accused-appellant told the deceased to accompany him for searching her. Since accused-appellant Sadhu Singh was armed with 'axe', informant and his brother Hari Singh also followed them suspecting accused appellant. At about 11:30 in the night when accused-appellant and deceased both reached the plot in front of house of Ram Autar, accused-appellant caused blows with 'axe' upon deceased, resultant he fell down on earth and cried. Informant and his companion flashing torches reached immediately there and saw accused-appellant causing blows on the mouth of deceased. After seeing informant and his brother, accused appellant ran away towards field. Leaving dead body at the place of occurrence, informant came at police station concerned with prayer to register the case. On the basis of written report (Ext. Ka-1), chik F.I.R. Ext. Ka-12 was registered on 28.06.2003 at 01:15 a.m. at Crime No. 89 of 2003, under Section 302 I.P.C.. G.D. entry Ext. Ka-13 was also made on same day. After registration of F.I.R., police started investigation and reached at the place of occurrence and took bloodstained and plain earth from the place of occurrence and keeping same in sealed boxes prepared sample seal and also fard Ext. Ka-3 in this regard. Concerned police also took torches said to have been used in the matter by witnesses and handing over the same on 28.06.2003 in presence of witnesses, prepared recovery memo Ext. Ka-4. Investigating Officer also prepared inquest report Ext. Ka-5 and other police papers i.e. photo lash, letter to C.M.O., Form no. 13, Form no. 33, ( Ext. ka-6 to ka-9). Dead body of deceased was kept in sealed cloth and preparing sample seal it was handed over to Constable Satyabhan Singh and Homeguard Mahesh Chandra to carry the same to mortuary for post mortem along with relevant papers. Visiting the place of occurrence, Investigating Officer also prepared site plan Ext. Ka-2 and interrogated the witnesses.