DHAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) THE instant appeal is on behalf of single accused Dhan Singh son of Ninuwa challenging the judgment and order dated 14.5.1982 in S.T. No. 13 of 1982 convicting the appellant under Section 304 (I) I.P.C. and sentencing him to undergo 10 years R.I.

(2.) THE accused appellant was charge sheeted and charged for an offence under Section 302 I.P.C. for committing murder of his wife Smt. Shyamo. The occurrence is alleged to have taken place on 2.6.1981 at 4.00 P.M. in Mohalla Amarpura, Police Station Shahganj, Agra. The F.I.R. was lodged on the same day i.e. 2.6.1981 at 18.25 hours at Police Station Shahganj, Agra by Guljari PW-1, S/o Jhunni Lal, R/o Amarpura. Police Station is said to be situated at a distance of four kilometres. Smt. Shyamo belonged to village Lakhanpur in Rajasthan and married in village Russa, Police Station Kiraoli. She left her first husband and married the accused appellant. PW-1 Guljari Lal and PW-4 Bedariya are real brothers. PW-2 Smt. Shakuntala is wife of PW-1. They reside in the near vicinity of the place of occurrence in Mohalla Amarpura, Police Station Shahganj. Sister of Guljari Lal and Bedariya is married in village Baurwar to one Sukhram. According to prosecution though there is no direct relationship between PW-1 Guljari Lal and accused appellant but on account of being resident of same village, Guljari Lal treated the accused as Bhanja's son. Prior to the occurrence, the appellant and the deceased Smt. Shyamo had come to Agra and stayed with Guljari Lal and Badariya for about a month and thereafter they went back to their village. A day prior to the occurrence Smt. Shyamo came again to the house of Guljari Lal in Mohalla Amarpura. While on the day of occurrence PW-1 Guljari Lal his wife PW-2 Smt. Shakuntala, PW-3 Hotilal and one Shri Chand were sitting outside the door of the house, the children of Guljari Lal were playing in the garden. Smt. Shyamo was alone in the house. All the eye witnesses rushed inside the house on hearing the shrieks of Smt. Shyamo. When they reached inside the house, they saw the appellant Dhan Singh assaulting his wife by Hansia which is Ex. 1. These witnesses caught hold the accused and saved Smt. Shyamo from further assault. She had already received a number of injuries and was bleeding profousely. Badariya took Smt. Shyamo to S.N. Hospital and got her admitted there in the Emergency. PW-1 Guljari Lal got written report Ex. Ka-1 from scribe Lekhraj. He took the accused along with Hotilal at the police station Shahganj and handed over to the constable Laxmi Prasad and constable Udaibir. The F.I.R. was lodged at 6.25 P.M. Hansia which was weapon of assault, was also handed over to the police which is Ex. 1. Ex. Ka-5 is the copy of formal chik report and Ex. Ka-6 is the copy of G.D. Entry. On the same day at 6.35 P.M. Dr. A.B. Mowar, Casualty Medical Officer, S. N. Hospital, Agra examined the injuries of Smt. Shyamo and found 17 incised wounds. She was in a semi-conscious state and at that time she was not in a position to record her dying declaration. Injury report was prepared by doctor. Investigation was entrusted to PW-11 S.I. R.K. Gautam. The statement of Guljari was recorded and local inspection report and site plan was prepared. The Investigating Officer took the blood stained and ordinary earth, thereafter recorded statement of PW-2. Dying declaration of Smt. Shyamo was recorded in the hospital on 3.6.1981 by Sri Raj Kumar Singh, Executive Magistrate Ist Class, Agra. Bhanu Pratap Singh, Medical Officer, S.N. Hospital, Agra certified the condition of Smt. Shyamo regarding her mental state. He was examined as PW-13. Statement of Smt. Shyamo under Section 161 Cr.P.C. was recorded by the Investigating Officer on 5.6.1981. Badariya PW-4 was examined by the Investigating Officer and finally on 18.6.1981 Smt. Shyamo scummed to her injuries at 8.40 P.M. Ex. Ka-11 is bed head ticket duly proved by PW-9 Dr. R.K. Tandon. Intimation about death was sent at Police Station Kotwali and received on the same night at 11.00 P.M. Inquest was prepared in between 1.00 P.M. to 2.00 P.M. Dr. M.K. Rawat, Medical Officer, District Hospital, Agra conducted post mortem on the body of Smt. Shyamo on 20.6.1981. On external examination following injuries were found on the body of the deceased:-

(3.) THE doctor found the following ante-mortem injuries:-