- (1.) D. K. Trivedi, J. The present Criminal Appeal arises out of the judg ment and order dated 12-6-1997 passed by the II Additional Sessions Judge, Rae Bareli, convicting the appellant Asghar Ali alias Moharram Ali under Section 302i. P. C. and sentencing him to imprison ment for life and to pay a fine of Rs. 500/-and in default of payment of fine to further undergo simple imprisonment for two months.
(2.) ACCORDING to the prosecution case the incident took place in the night be tween 9h/10th of July, 1993 at about mid night. It is said that in the said night, deceased Guru Saran Lal Srivastava was sleeping on a cot outside his house under the Chhappar in village Hardoi, Police Station Bachhrawan District Rae Bareli. It is further said that Asghar Ali accused was also sleeping on a separate cot and Nav-neet and Puneet son of deceased Guru Saran Lal Srivastava were also sleeping there. It is further said that Smt. Sita Devi wife of Guru Saran Lal Srivastava was sleeping inside the house. ACCORDING to the prosecution case, at about mid-night Sant Saran Srivastava as well as his neigh bours reached the house of Smt. Sita Devi hearing the alarm raised by Navneet and Puneet. The witnesses flashed their tor ches and saw that accused Asghar Ali, who was armed with blood stained Banka was trying to run away. It is said that the wit nesses caught hold of the appellant alongwith the Banka and they also found the dead body of Guru Saran Lal Srivas tava on a cot. A lantern was burning in the Chappar and in the said light also they saw and recognised Asghar Ali and caught hold of him. ACCORDING to the prosecution case Smt. Sita Devi wile of Guru Saran Lal Srivastava and appellant Asghar Ali, who was the Baba of Bachhrawan Mazaar had developed illicit relations with each other. It is said that Asghar Ali used to visit the house of the deceased in order to exorcize (deliverance from he influence of evil spirits) his children. It is said that Guru Saran Lal Srivastava on several occasions had asked Asghar Ali not to come to his house but he continued to visit his house. It is further said that on 5-7-1993 Smt. Sita Devi had gone to Rae Bareli for Adult Education' Training and on 9-7-1993 at about 7. 00 p. m. Smt. Sita Devi had returned back to her house alongwith Asghar Ali. It is said that, due to the fact that Guru Saran Lal Srivastava did not like the visit of As ghar Ali, therefore, Asghar Ali started har bouring grudge against Guru Saran Lal Srivastava and it is said that the gruesome murder of Guru Saran Lal Srivastava was the fall out of the said enmity. An F. I. R. in respect of this incident was lodged by complinant Sant Saran Srivastava, brother of the deceased at Police Station Bachhrawan on 10-7-1993 at about 2. 30 a. m. The distance of Police Station is four miles from the place of the incident. P. W. 7 S. I. , Bal Mukund Pandey, was present at the Police Station at the time of registration of the First Informa tion Report and, therefore, he was handed over the investigation of the case. He im mediately reached the place of the incident and took Asghar Ali accused in his cus tody. He thereafter prepared Fard in respect of the blood stained Banka alleged to have been recovered from the posses sion of Guru Saran Lal Srivastava. He recorded the statements of the witnesses and prepared the inquest report as well as collected blood stained and plain earth from the place of the incident and after completing the investigation he submitted charge-sheet against the accused. The autopsy on the dead body of deceased Guru Saran Lal Srivastava was conducted by P. W. 4 Dr. P. N. Mahrotra, Medical Officer, District Hospital, Rae Bareli. Dr. Mahrotra found an incised wound 8 cm. x 2. 5cm. on the right side of neck of the deceased. The Doctor further found, on internal examination, the cervi cal vertebrae cut. The Doctor also found both chambers empty, small intestines were full of gases and the large intestines were full of faecal matter and gases.
(3.) ACCORDING to the Doctor the death was caused due to shock and haemorrhage as a result of ante mortem injuries. The prosecution, in support of its case examined seven witnesses in all. Out of them P. W. 1 Sant Lal Srivastava, R. W. 2 Smt. Sita Devi and P. W. 3 Ram Pher are the witnesses of fact. P. W 4 Dr. P. N. Mahrotra conducted autopsy on the dead body of the deceased and proved the post-mortem report Ext. Ka-2. P. W 5 Nand Kumar is the witness of recovery memo. P. W. 6 Head Moharrir Ashok Kumar Misra proved the First Information Report as well as the chik F. I. R. and other General Diary entries. RW. 7, S. O. , Bal Mukund Pandey conducted inves tigation in this case and submitted charge-sheet after completing the investigation.;