MADAN LAL Vs. STATE OF U P

JUDGEMENT

(1.) This appeal arises out of impugned judgment and order dated 18.2.1986 passed by the VIII Additional District and Sessions Judge, Ghaziabad in Sessions Trial No. 30 of 1983, convicting the appellants under Section 302 read with Section 34 of IPC and sentencing them to undergo imprisonment for life and further convicting the appellants under Section 201 of IPC and sentencing them to undergo three years' rigorous imprisonment, with a direction that both the sentences shall run concurrently.

(2.) In the present case, name of deceased is Jagroshni, wife of accused appellant no.1-Madan Lal. The couple had two sons aged three years and one year. On 31.03.1982, accused Madan Lal along with his children and the deceased had gone to attend the village fair at Sikri and on 2.4.1982, he returned from the said fair along with his two children only. He informed his brother-in-law Balraj (PW-1) that in the fair, his wife went missing and despite extensive search when he could not get her, he returned along with his two children. Further case of the prosecution is that deceased Jagroshni used to insult her husband Madan Lal before the public at large and her husband Madan Lal used to suspect her character. In the fair, accused Madan Lal hatched conspiracy with his brother-in-law, accused Ramvir (died during pendency of the appeal) and Kallu Ram for eliminating the deceased and, accordingly, the same was done and after committing the murder of the deceased, her body was thrown near a brook. Balraj (PW-1) brother of the deceased, after coming to know that his sister went missing from the village fair, lodged an FIR vide Ex.Ka.4 on 4.4.1982 at Police Station Civil Lines, Delhi. Based on this report, offence under Section 364 of IPC was registered against accused-Madan Lal. Later, on 5.4.1982, skin of left foot claw and skin of left hand claw were recovered near a brook at Sikri, Police Station Modi Nagar, District Gaziabad, U.P. In the recovery memo, it has been mentioned that there was no bone attached to the said skin. Further, red nail polish was noticed on four fingers and thumb. That apart, one pair of slipper and one bed sheet (chadar) were also seized. It is further case of the prosecution that on 10.04.1982 vide Ex.Ka.10, at the instance of accused persons, one dead body was recovered from a sugar cane field, which was wrapped in a bed sheet (chadar).

(3.) Inquest on the dead body of the deceased was conducted on 10.4.1982 and the body was sent for postmortem which was conducted vide Ex.Ka.11 on 11.4.1982 by Dr. Vinay Krishna Matin (PW-10). Autopsy Surgeon has found following injuries on the body of the deceased: