GAURI SHANKAR Vs. STATE

JUDGEMENT

(1.) Preferring this appeal the appellant questions his conviction for the offence of Section 302 IPC and awarded sentence of life imprisonment and fine of Rs. 500/-.

(2.) In the night intervening between September 16th and 17th, 2002 at village Ramevali occurred death of Smt. Manohari wife of appellant and her mother Smt. Rampyari as a result of injuries inflicted to them. The incident allegedly and per prosecution is that on 17.09.02 at about 1:30 AM (early night), daughter PW/1 of appellant coming with Jagdish PW/14 at P.S. Rawla lodged information in writing Ex.P/1 that she (PW/1) with her father Gauri Shankar, mother, Manohari, sister K (PW/2) and brother G PW/3 reside in their house near soap factory - father usually beat mother--that maternal grand mother Smt. Rampyari who came about 15 days ago to visit them also is living with them--on 16.09.02 altercation and rude exchanges occurred between mother and father. PW/1 narrated that at about 12:30 night when she, mother Manohari, maternal grand mother Rampyari, sister K and brother G all asleep in compound and father out on a cot--suddenly brother and sister waking up observed father with an iron axe in hands who inflicted two blows of it at neck of mother and two three blows at neck of maternal grand mother -- she (PW/1) afraid prayed father not to do so. As mother and grand mother oozing blood she cried and came neighbour Smt. Krishna PW/6 and also a teacher from neighbouring street to whom she narrated incident and tried to take care of mother and grand mother but they were dead. Further narrated that meanwhile also came Jagdish PW/8) with whom she has come to police station.

(3.) On this information SHO PW/15 registered FIR No. 215/02 Ex.P/1 for the offence of Section 302 IPC. Commencing investigation PW/15 (i) examining place of occurrence at 8 AM prepared memo and site plan Ex.P/2 (ii) got place of occurrence photographed by PW/12 - negatives Ex.P/37, 38 and positives Ex.P/31 to 36 (iii) examining dead bodies prepared memos of injuries and state of body etc Ex.P/3 to Ex.P/6 (iv) below the separate cots of Smt. Manohari and Rampyari spread was blood, samples of those and also plain dust separately collected and sealed preparing memos Ex.P/8 to Ex.P/11 (v) Pair of chappals lying below both cots having blood stains also seized and sealed preparing memos Ex.P/12 and 14 (vi) Moose of cot over which Smt. Rampyari was and cotton strips of cot over which Manohari lay had blood, pieces of which collected and sealed - memos Ex.P/13 and Ex.P/16 (vii) also was seized bedsheet from cot of Manohari preparing memo Ex.P/17 (viii) arranging change of clothes, worn shirt over the person of Smt. Rampyari and Jamfar of Manohari also seized and sealed vide memo Ex.P/7 and 15. Postmortem of bodies conducted by Doctor PW/9.