SUBHASH Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is directed against a judgment and order of Sri Yogesh Kumar, the then Additional Sessions Judge, Court no.5, Azamgarh, dated 16.01.2003, convicting the appellant of an offence punishable under Section 302 IPC, and, sentencing him to suffer life imprisonment, besides being ordered to pay a fine of Rs.500/-. In the event of default, the appellant has been ordered to suffer six months' simple imprisonment.

(2.) The facts giving rise to the present appeal are that a written report scribed by one Devendra Kumar dated 17.06.2001, was lodged by the informant, Jagesar with Police Station Kaptanganj, District Azamgarh, reporting that he is a resident of Village Bibipur, P.S. Tahvarpur, District Azamgarh. Smt. Ajita (the deceased), daughter of the informant's brother, Satai, was married about 20 years ago to one Subhash, who was living in her matrimonial home. The couple had three children: two sons and a daughter. The elder son was aged about 10 years (presumably at the time of occurrence). On 17.06.2001, at about 5 O' clock in the morning hours, on account of some exchange of sharp words between the informant's niece and Subhash, Subhash assaulted her by some weapon with an intention to kill, in consequence of which, she died on the spot. The information was given about the incident to the informant at his home by some persons. He (informant) went over to Village Pasipur, inquired about the matter, and, after verification, had come over to give information. The deceased's father was in private employment at Kanpur. The incident was seen by the natives of the village. The dead body was lying on the spot. The information closed with a request to register a case.

(3.) On the basis of this written report, Case Crime No.129 of 2001, under Section 302 IPC was registered at P.S. Kaptanganj, District Azamgarh against appellant, Subhash. In this regard, an entry was made in G.D. no.10 at 10.15 on 17.06.2001. The Investigating Officer taking up investigation, recorded the statement of the informant, Jagesar, inspected the place of incident, and, drew up the site plan. On 17.06.2001, Sub-Inspector Ram Daras Verma held inquest between 11.25 a.m. to 13.15 p.m. and drew up an inquest report (Panchayatnama) to which the Panch witnesses appended their signatures. He addressed a report to the Chief Medical Officer requiring him to do an autopsy, a report to the Reserve Inspector to ensure the autopsy, besides drawing up police form no.13, a sketch of the corpse (photo lash), and, sent the dead body, wrapped, secured and sealed in a cloth for autopsy, entrusting it to Constables Dev Krishna and Jitendra Arya.