RAM AWADH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Ram Awadh has preferred this appeal against the judgment and order dated 22-4-1991 of the learned Sessions Judge, Basti in S.T. No. 105 of 1990 by which he has been convicted under Section 302, IPC and has been sentenced to imprisonment for life.

(2.) The case of the prosecution, in brief, is that the appellant Ram Awadh is resident of village Banjaria within Police Station Khalilabad in the district of Basti. At about 12 a.m. on 5-6-1990 the appellant assaulted his wife Smt. Budhna with a gandase. She raised alarm on which the complainant Rasiyawan who happens to be a collateral of the appellant, Chattarpal, Sriram and several others rushed to the spot. However, before these people could reach the spot, the appellant had succeeded in giving several blows to his wife who fell down dead. The appellant was apprehended on spot by the village people. Gandasa was also taken into custody. Thereafter Rasiyawan lodged a written report of the occurrence at 3.50 p.m. on 5-6-1990 at 8 km. distant P.S. Khalilabad.

(3.) The report was lodged in presence of PW 6 Paras Nath Pandey, S.I. of P.S. Khalilabad. He proceeded to the spot after recording the statement of Rasiyawan. After reaching village Banjaria, he found a crowd near the body of Smt. Budhna and the appellant was found tied to a pillar. The blood stained gandasa was also found near the body which was taken into possession and recovery memo was prepared. The Investigating Officer collected plain and blood stained earth from the spot, held inquest on the body of Smt. Budhna and after preparing other papers and sealing the body, was sent for post mortem examination. The accused was brought to the police station and was kept in lock up. He also prepared a site plain which is Ext. Ka 7. After completing investigation charge sheet Ex. Ka 11 was submitted in Court.