SANJAY BALMIKI Vs. STATE OF U P

JUDGEMENT

(1.) The instant appeal, filed on behalf of the accused appellant, is directed against the judgment and order dated 9.5.2001 passed by learned Ist Additional Sessions Judge, Lucknow in Sessions Trial No.1096 of 1998 convicting and sentencing the appellant under Section 302 IPC for life with rigorous imprisonment.

(2.) The case of the prosecution is that the deceased Premawati was married with appellant Sanjay Balmiki and out of the wedlock they had six children. The appellant used to beat his wife Premawati deceased (victim) after taking liquor and due to that reason six years ago his brother Ram Prasad (P.W.1) took her to his home and a case for maintenance was filed, which was listed on 17.4.1996 for hearing. The appellant asked P.W.1 and deceased Premawati to withdraw the maintenance case to which they refused. The deceased Premawati used to do household cleaning work to earn her livelihood and her children. On 1.6.1998 at around 11:30 a.m. while she was cleaning near the Gate of House No.D-38 Mahanagar, Lucknow belonging to one Kailash Narain Srivastava-D.W.1. The servant of D.W.1 was filling water and P.W.2 Sangeeta, daughter of deceased was sitting nearby a tree. At that time, appellant Sanjay came armed with knife and told sister that he will not leave her alive as she has not withdrawn the case. Upon this, the deceased ran to save herself, however, she slipped and fell down and then appellant Sanjay gave her several knife blows.

(3.) P.W.2 after seeing this, ran to the house of P.W.1 and told that appellant is killing her mother, then P.W.1 along with his brother went at the spot at (Kailash Narain Srivastava's) house and saw that lot of blood was on the floor, then D.W.1 told him that on his telephone Police came there and had taken the deceased to the hospital for treatment. A written report (Ex-Ka-1) dated 1.6.1998 was given to the Police Station Mahanagar Lucknow. Consequently, Chik FIR bearing Case Crime no.198 of 1998 under Section 307 IPC was registered against the accused appellant. During treatment deceased succumbed to her injuries. Later on, section 302 IPC was added which is (Exhibit Ka-7). After lodging of the First Information Report, police took up the investigation. Inquest report (Ex-Ka-5) was prepared on the same day. The Investigating Officer (P.W.4) prepared site plan (Ex.Ka-3) and recovery memo as (Exhibit Ka-4). The victim died in the hospital and Dr. Mahendra Pratap (P.W.-3) prepared the post mortem report which is marked as (Exhibit Ka-2).