- (1.) M. C. Jain, J. This appeal has been preferred by the accused- appellant Muneshwar Singh against the judgment and order dated 28-7-1999 passed by Sri Azizur Rahman. I Additional Sessions Judge, Kanpur Nagar in Sessions Trial No. 88 of 1991 whereby he has convicted the accused-appellant, under Section. 302 I. P. C. and has sentenced him to death for triple murder of his wife, mother-in-law and another lady.
(2.) THE genesis of the prosecution case was the first information report Ext. Ka-1 lodged by Vinod Bajpai P. W. 1 at Police Station Kidwai Nagar, Kanpur Nagar on 13-10-1990 at 12. 45 a. m. THE incident took place in between the night of 12/13-10-1990 at about 11. 30 p. m. at his house No. 127/12u, New Nirala Nagar, Kanpur Nagar. THE prosecution case was that the informant was the original resident of vil lage Sidhi Itara, Police Station Sachendi. District Kanpur Nagar. For the last about 10-11 years he was living in New Nirala Nagar, Police Station Kidwai Nagar where he used to run a she-buffalo dairy. On 12-10-1990 at about noon time the aunt of Babu Mishra of his village, Baij Nath's wife, her daughter Manju and son- in:law Muneshwar Singh (accused- appellant) came to his house. Muneshwar Singh was resident of Mohamdabad, District Farruk-habad and he was a constable at Ghaziabad. THEse persons informed him that they had come for some medical treat ment and would stay at his house in the night. He agreed to it as they belonged to his village. At about 10 p. m. informant Vinod Bajpai, his sister Aruna and mother laid down in their Chhappar after taking meals. Muneshwar Singh and his wife Manju lay down in the eastern Chhappar. Babu Mishra's aunt and Baij Nath's wife slept on a cot in the courtyard. THE inform ant's brother Arun was sleeping at the door. Shrieks and cries were raised at about 11. 30 p. m. which awoke the inform ant and others. THEre was light of electricity. It was that Muneshwar Singh was striking blows with a Sabbal (a sharp edged digging instrument) on his mother-in-law and the other lady lying with her. THE informant and his mother came out and raised shouts. Residents of the locality namely, Kishore Dutt Bajpai, Babloo Pan-wala, Mewa Lal Yadav and others col lected at the scene and saw that the accused was assaulting his wife Manju too. On seeing the collected persons, he started running but was apprehended. It was found that the mother-in-law of the ac cused and another lady had died whereas Manju (wife of the accused) was in precarious condition. Sabbal wherewith the accused had done the job was lying nearby. Informant Vinod Bajpai got a report scribed by Digvijay Singh Chauhan and took the same to the Police Station where he lodged it. THE accused was kept apprehended at the spot. The investigation of the case was taken up by S. I. Chandra Bhushan Pandey P. W. 10 in whose presence the F. I. R. had been made. He reached the spot along with S. I. Jayanti Prasad Rawat P. W. 12, S. I. Janki Prasad and other police personnel. Injured Manju who was alive by then was sent to hospital. The spot was inspected. The Panchayatnama of the two dead ladies was not prepared by him through S. I. , J. P. , Rawat P. W. 12. The accused- appellant was taken into custody. His clothes had blood stains. They were taken in possession. He was sent to Police Station. The blood stained earth and simple earth was col lected from the spot. The weapon of of fence (Sabbal) was also taken in posses sion. It also had blood stains. Manju also died in the hospital on 13-10-1999 at 2. 20 a. m.
(3.) THE dead bodies of all the three ladies were subjected to post-mortem. It was Dr. Ashok Upadhyay P. W. 8 who conducted autopsy on the dead body of deceased Manju on 13-10-1990 at 3 p. m. She was aged about 38 years. THE following ante-mortem in juries were found on her person: (1) Lacerated wound 4 cm x 2 cm x bone deep on right side head 7 cm above right ear. Hematoma below scalp present. (2) Stitched wound 1 cm alongwith one stitch on right cheek, 5-cm lateral to right area of nose. (3) Stitched wound 3 cm alongwith three stitches on left cheek 2 cm lateral to left area of nose. (4) Stitched wound 2-1/2 cm with 4 stitches on left side of central line of chin, lower jaw fractured. (5) Stitched wound 2 cm alongwith one stitch on upper lip just below left area of nose. (6) Contusion 9 cm x 6 cm on let shoulder on its top. (7) Abraded contusion 5 cm x 1/4 cm on outer side of right upper arm 4 cm below top of shoulder. (8) Abrasion 5 cm' x 3 cm on right side waist above iliac crest. (9) Abraded contusion 2 cm x 1 cm on right side neck below angle of right jaw. She died due to coma, shock and haemorrhage as a result of ante- mortem injuries sustained by her. The post-mortem over the dead body of Smt. Kishori wife of Baij Nath Singh had been conducted by Dr. A. K. Tewari P. W. 9 on 13-10-1990 at 4 p. m. she was aged about 50 years. The following ante- mortem injuries were found on her person: (1) Incised wound 5 cm x 2 cm x bone deep on forehead right at the level of hair line. (2) Incised wound 6 cm x l-l/2tm x bone deep Tight side forehead above the eyebrow, underlying bone fractured depth upto brain. (3) Incised wound 4 cm x 1 cm x bone deep on right side forehead obliquely on temple, 2 cm away from injury No. 2. (4) Incised wound 4-1/2 cm x 1-1/2 cm x bone deep outer side, 5 cm above the ear. (5) Incised wound 1 cm x 1/2 cm on the root of nose underlying frontal bone found frac tured in places. She also died due to shock and haemorrhage as a result of ante- mortem injuries. The post-mortem over the dead body of Shiv Kali wife of Late Rajjan Misra was also conducted by Dr. A. K. Tewari PW9on 13-10-1990 at 5 p. m. She was aged about 60 years. The following ante-mortem injuries were found on her person: (1) Contusion 3 cm x 11/2 cm over bridge of nose, nasal bone fractured. (2) Contusion 6 cm x 3 cm middle of chin, mandible bone fractured. (3) Lacerated wound 3 cm x 1/2 cm bone deep on occipital bone, behind and above the right ear. (4) Contused swelling 8 cm x 6 cm on face and left temple, underlying haematoma present. She had died due to shock and haemorrhage as a result of ante- mortem injuries.;