- (1.) J. C. Gupta, J. By the judgment dated 21-5-1980, the then Sessions Judge, Shahjahanpur has found the appellant Naresh guilty under Section 302 IPC for committing the murder of Smt. Reshma on 6-11-1979 at about 12 noon and he has been sentenced to imprisonment for life. Aggrieved by the said judgment, the appel lant has preferred this appeal.
(2.) KHAYALI Singh had two sons namely Sohafi Pal P. W. 1 and Ram Pal Singh. Ram Pal Singh disappeared and his whereabouts were not known for about two years. Smt. Reshma the deceased of this case was his wife. Appellant Naresh is the own cousin of Ram Pal Singh. Naresh and Ram Pal used to live in the same house 1 having separate outlets. After disap pearance of Ram Pal Singh, Smt. Reshma is said to have made an offer to accused Naresh that if he could get the agricultural land of Ram Pal mutated in her name, she would marry him. With the efforts and pairokari of the accused, name of Smt. Reshma was mutated against the property left by Ram Pal. However, Smt. Reshma did not keep her promise and declined to marry accused Naresh. On account of this accused became annoyed with her. It is said that on 6-11-1979 Smt. Reshma along with her daughter Smt. Roopa P. W. 6 had gone to her field for cutting "rausa". While they were busy in their work accused Naresh appeared at the scene and asked Smt. Reshma to sit with him as his wife and on her refusal, he started assaulting her with knife. Cries and shrieks of Smt. Roopa and Smt. Reshma attracted Sohan Pal P. W. 1, Bhadra Pal Singh, Atta Khan P. 'w. 2, Darbari P. W. 3 and others at the scene of occurrence and they. also saw accused inflicting knife blows on Smt. Reshma. Accused then lifted Smt. Reshma in his laps and walked for some distance thereafter and dropped her in the same field and took to his heels when challenged by the witnesses. Smt. Reshma died instantaneously. Sohan Pal P. W. 1, devar of the deceased went to police station Tilhar and dictated an oral report which was reduced into writing in the check register at 2 p. m. The F. I. R. is Ex. Ka-1, Sub- Inspector Ram Singh P. W. 5 was posted as Inspector-in-charge of Police Station, Tilhar and in his presence the F. I. R. was taken down at the police station by Head Constable Yogendra Sharma and a case was registered in the General Diary at serial No. 21. Us copy is Ex. Ka-3. Inspector Ran Singh took up investigation and he alongwith police force immediately reached the place of occurrence where he found the dead body of Smt. Reshma lying in her field. The inquest proceedings were got completed by S. I. Ram Nath Gaur. The Investigating Officer recorded the state ments of Sohan Pal, Smt. Roopa, Darbari and Atta Khan and he then made inspection of the scene of occurrence and prepared the site plan Ex. Ka-4. He noticed presence of blood at the place where the dead body was lying and further found drops of blood up to a distance of about 32 paces towards north west. He collected blood from both the places. At the place of occurrence he also found three broken teeth and also some harvested stalks of "rausa". After complet ing the investigation he submitted charge sheet Ex. Ka-5 against the appellant.
(3.) ACCUSED appellant pleaded not guilty to the charge and claimed trial. The prosecution in order to prove its case examined 7 witnesses before the trial Court namely Sohan Pal P. W. 1, Atta Khan P. W. 2, Darbari P. W. 3, Dr. S. K. Meh-rotra P. W. 4, Inspector Ran Singh P. W. 5, Smt. Roopa P. W. 6and S. I. Ram Nath Gaur P. W. 7. Out of these witnesses Sohan Pal, Atta Khan, Darbari and Smt. Roopa are eye-witnesses.;