JAI VEER SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The appellant Jai veer Singh was convicted by Sri Umeshwar Pandey . the then IV Additional Sessions judge, Ghaziabad under Section 302 I.P.C. by judgement and order dated 21.8.1984 passed in S.T. No. 298 of 1983. He was sentenced to life imprisonment. Aggrieved, he has preferred this appeal.

(2.) The incident took place in between the night of 16th and 17th July, 1983 sometime after about midnight in village Nangla Moosa, P.S. Modinagar, District- Ghaziabad. The victim of the felony was Smt. Gajendra wife of Kamal Singh, P.W.4 resident of the same village. The prosecution case as per the F.I.R. and the evidence was that in between the fateful night Smt. Gajendra alone with her three children was sleeping in her courtyard .Her husband Kamal Singh P.W.4 had gone to village Rajpura to see his ailing brother-in-law . On one cot Smt. Gajendra was sleeping with her youngest child whereas her daughter Km. Yashoda, P.W.I, and son Umang alias Billu . P.W.2 were sleeping on two different cots nearby, After about midnight Km.Yashoda , P.W.I heard the voice of her mother and awoke .She saw the accused Jai Veer Singh assaulting her mother with some weapon which she could not recognise. Her brother umang alias Billu , P.W.2also awoke at the same time and saw the occurrence. On alarm being raised by them their uncle Raj veer Singh P.W.5. and grandmother arrived at the spot. On receiving the blows of assault the victim could not get up from the cot and became unconscious. She was taken to Modinagar on a cart belonging to Ved Pal to the residence of her husband's elder brother Harpal Singh, P.W.S.Km. Yashoda, P.W.I along with her uncle Harpal Singh. P.W.S.then went to the Police Station Modinagar . She dictated the F.I.R. to her uncle Harpal and signed the same . On the basis of the F.I.R. Ex. Ka-l,a case under Section 308 I.P.C. was registered at the Police Station on 17.7.1983 at 2 A.M. the victim had also been taken to the Police Station. She was to Govindpuri primary Health Centre for medical examination. Her condition being serious she was referred from Primary Health Centre Govindpuri to District Hospital, Ghaziabad. ON being taken to M.M.G. Hospital, Ghaziabad her injuries were examined by Dr. M.L. Parekh at 3.20 A.M. who found as many as four incised wounds and three lacerated wounds on her person. All the Injuries were fresh. Soon thereafter she died. The case was converted from Section 308 to Section 304 I.P.C.

(3.) On information being sent from the hospital to the Police Station Kotwali Ghaziabad, S.I. Mani Raj Singh, P.W.9. was sent to the hospital to prepare inquest report and other relevant papers. After doing the needful he handed over the dead body to constable anant Ram, P.W.7 and Rajendra Singh to carry it for post - mortem. The post-mortem was conducted by Dr. S.K. Bhagwat, P.W.6 on 17.7.1983 at 4.30 P.M. He found the following antemortem injuries on her person:-