H. N. Setb, J. - (1.) -Zamir Ali, resident of village Chirota, Police Station, Ganjdundwara, has come up in appeal against the judgment of Sessions Judge, Etawah, convicting him for an offence under Section 302 IPC and sentencing him to imprisonment for life.
(2.) ZAMIR Ali, appellant had a sister named Bibbo. About 5 months before the incident, which took place on 27th April, 1975, Bibbo was married to Nabi Husain (PW 2), resident of village Ganeshpur, which lay at a distance of about one mile from village Sujawalpur where Ahmad Husain (PW 1), elder brother of Nabi Husain, resided. According to the prosecution Nabi Husain got an impression that Smt. Bibbo was a woman of loose character and complained about it to Zamir Ali. On 27th of April, 1975 Nabi Husain and Smt. Bibbo visited the house of Ahmad Husain in village Sujawalpur. At about 1 P. M. Nabi Husain, his wife Bibbo, Zamir Ali and one Chhotey, resident of village Ganeshpur were present at the house of Ahmad Husain and were discussing the conduct of Smt. Bibbo. Zamir Ali told his sister that there was complaints about her character and that she should not act in a manner so as to bring disgrace to the family. Smt. Bibbo kept quiet and did not utter a word. Zamir Ali then asked everybody present there to go out for ten minutes so that he may talk to his sister alone. All the inmates of the house as also Chhotey then went out leaving Zamir Ali and Smt. Bibbo alone in the house. As they reached the wall of Tullan Manihar's house they heard the shrieks of Smt. Bibbo. Thereafter they rushed back and saw that Zamir Ali was assaulting his sister with a Bugda (a sharp heavy cutting weapon). Before they could intervene, Smt. Bibbo was already dead. Ahmad Husain then took Zamir Ali to Police Station Ganjdundwara, half a mile away, and lodged the first information report of the incident at 1.30 P. M. wherein he mentioned all the facts. Zamir Ali was taken into custody and a blood stained shirt Ext. 4 which he was wearing was taken possession of in presence of Bulaqi Ram (PW 4) and Kallu (PW 5). Bedi Singh, Sub-Inspector (PW 11) took up the investigation and visisted the house of Ahmad Husain. He recovered the blood stained Bugda (Ext. 5) from the spot and arranged to send the dead body of Smt. Bibbo for post-mortem examination which was conducted by Dr. S. N. Bhatnagar (PW 6) on 28th of April', 1975 at 5.30 P. M. Dr. Bhatnagar found following ante mortem injuries on the person of the deceased :-
(3.) ZAMIR Ali was also medically examined by Dr. N. P. Gupta (PW 7), Medical Officer of the State Dispensary at Ganjdundwara at 3.45 P. M. on 27th of April, 1975 and he found following injuries on his person :- These injuries in the opinion of the Doctor were about 4 hours old.;