HULAS Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Appellant Hulas was convicted under Section 302, I.P.C. and sentenced to life imprisonment by the judgment and order dated 8-4-1983 passed by Sri S.C. Jain, the then Sessions Judge Mirzapur in S.T. No. 83 of 1982.

(2.) The prosecution case was that the appellant Hulas was living in village Tola Tumia and had been married to Smt. Jhauli daughter of Jagdhari of the same village. Subsequently he developed illicit connection with one Smt. Gulpatia daughter of Nanhu Gond of village Charappatli and kept her also as his wife together with the deceased Jhauli. He was allegedly more attached to his second wife Gulpatia. Smt. Jhauli, his first wife was maltreated by him. On this account there used to be frequent quarrels between the two. Since morning on the day of incident (28-12-1981) they were quarrelling. Moti was the neighbour of the accused-appellant and he sent his mother Kaushilya to call Jhauli's father Jagdhari to pacify them. Accordingly, at about 2 P.M. Jagdhari proceeded towards the house of the appellant. When he was at a distance of 70-80 paces, he heard the shrieks of his daughter Jhauli. At that time Shiv Shankar was proceeding to his new house and he was also attracted by the shrieks. Both of them hurriedly proceeded towards the house of appellant along with Moti who was at his door. All of them saw the appellant assaulting Jhauli with an axe at a distance of 7-8 paces towards the west of his house. Jhauli had fallen down on the ground and was profusely bleeding. The appellant gave her repeated axe blows even after she had fallen down. The witnesses remonstrated and rushed in the direction of the appellant but he escaped towards the north along with the axe. Writhing with pain. Jhauli succumbed to the injuries then and there. A number of neighbours appeared on the scene of the occurrence. Sita Ram brother of the deceased returned from the jungle at about 4. p.m. and was told about this occurrence. He got the report scribed and lodged the same at the police station at 6.30 p.m. which was at a distance of 15 kms where he went by cycle. The case under Section 302, I.P.C. was registered against the accused-appellant Hulas. The investigation ensued and ultimately chargesheet under Section 302, I.P.C. was laid against the accused-appellant. On being committed to the Court of Session, he was tried and convicted and sentenced as mentioned in the opening paragraph of the judgment. He is now in appeal before this Court.

(3.) Before proceeding further, we set forth below the ante-mortem injuries found on the person of the deceased at the time of her post-mortem by Dr. P.N. Singh PW-9 on 30-12-1981 at 10.30 a.m. The following ante-mortem injuries were found on her person: