M.K.MUKHERJEE, C.J. - (1.) THIS appeal is directed against the judgment and order dated October 31,1979, passed by the learned III Additional Sessions Judge, Mainpuri, convicting the appellant under section 302, I.P.C. and sentencing him to imprisonment for life.
(2.) BEREFT of details, the case of the prosecution is as under: The victim, Smt. Ram Shri, used to live in village Murausi with her husband Puse (P.W. 1). The appellant was also a resident of the same village and his madhaiya was in front of the house of Puse intervened by a lane. On October, 1978,at about 4 P.M., while Puse was sitting on the chabutra of his house, his wife was coming back home after fetching water from a nearby lap. When the victim came near his madhaiya the appellant hurled some filthy language towards her. This enraged Ram Sri and she told the appellant not to use such language and also chastised him. The appellant then brought out a pharsa from his house and assaulted Ram Shri, as a consequence whereof she fell down dead. Smt. Ramkali (P. W. 2), mother of Sri Pal (P.W. 4) and one Ranvir, who were nearby, come to the place of occurrence and started shouting. The appellant then ran away with the pharsa in his hand. Immediately thereafter, Sri Pal, who happened to be the nephew of Puse, also arrived there and heard about the incident. Sri Pal and Ranvin then went in search of the appellant and ultimately apprehended him in a field of the adjoining village Kanchanpur with the pharsa in his hand. They brought back the appellant to his village and kept him detained.
(3.) THEREAFTER , through the village Chaukidar, Puse sent a written report about the incident to the local police station and on the basis thereof, a case was registered against the appellant. S.I. Vedi Singh (P.W.6) took up investigation of the case, and came to village Murausi. He took the appellant into custody and after inquest, sent the dead body for post mortem examination. On conclusion of investigation, he submitted charge sheet against the appellant. In due course, the case was committed to the court of Session.;