- (1.) THIS appeal has been sent from Jail by Majeed against the judgment and order dated 7-12-1993 passed by Special Sessions Judge. Sitapur in Sessions Trial No. 548 of 1992 whereby he has convicted and sentenced the appellant to undergo imprisonment for life for the offence under Section 302 IPC.
(2.) SHORTLY stated, the prosecution case runs as under: Informant Jumman P. W. 1 is the son of the appellant and the deceased Smt. Rajban. At the time of the incident, the informant, the appellant, and the deceased were living in village Kusaila within the limits of police station Maholi, District Sitapur. The relations between the appellant and his wife Smt. Rajban (deceased) were highly strained. Two years prior to the incident, the appellant had assaulted Smt. Rajban in respect of which the informant had lodged FIR. In the case arising therefrom the appellant had been convicted. Two to three days prior to the incident, a quarrel had taken place between the appellant and Smt. Rajban. On account of it, that day no one in the family ate any food. The next day on the repeated request of the informant, the appellant and Smt. Rajban took food and the informant brought about some sort of a reconciliation between them. That day (on 5- 5-1992) at about 4 p. m. the appellant and Smt. Rajban had gone to the outskirts of the village to collect dried sugar cane leaves. The appellant had taken a sickle with him. Since for some time the appellant and Smt. Rajban did not return, informant Jumman along with his wife at about sunset went to the sugarcane field which was situated about one and a half furlongs from his house. On reaching there, the informant noticed that the appellant was assaulting Smt. Rajban with a sickle and stones in a field wherein wheat crop had been sown and cut; which was adjoining to the field where the appellant and Smt. Rajban had gone to collect dried sugarcane leaves. The informant raised cries. Thereupon the appellant ran away. Apart from the informant and his wife, this incident was seen by Mewa Lal. After the appellant had run away, the informant went to the place where his mother Smt. Rajban was lying and found that she was dead. Since it had become dark and the Chaukidar could not be found, next morning he went and lodged the FIR. The FIR of the incident was lodged on 6-5-1992 at 7. 30 a. m. by informant Jumman at police station Maholi, District Sitapur, the distance between the place of the incident and the police station being five kilometers. The autopsy on the corpse of deceased Smt. Rajban was conducted on 6-5-1992 at 5. 15 p. m. by Dr. A. K. Pandey PW-2 who found on it the following anti-mortem injuries : (1) Lacerated wound 1. 5 c. m. x 2 c. m. x muscle deep on the left side of scalp just behind left ear. (2) Abraded contusion 2 cm. x 1 cm. on the left side of neck 2 cms below lobule of the ear. (3) Two lacerated wounds 2 c. m. x 1 c. m. x muscle deep each present 1 c. m. apart on the left cheek bone. (4) Incised wound 2 c. m. x 1 c. m. x muscle deep on the right side face 1 c. m. away from right corner of mouth. (5) Incised wound 2 c. m. x 1/2 c. m. x muscle deep present on left side chin. (6) Incised wound 2 c. m. x 1 c. m. x muscle deep on the outer side of left forearm, 6 cms above left wrist joint. (7) Incised wound 8 c. m. x 3 c. m. x muscle deep on the front of right forearm, 1 c. m. above right wrist joint. Under the injury radial artery is cut. (8) Multiple lacerated wounds in an area of 9 c. m. x 3 c. m. on the front of right leg 3 c. m. above right ankle joint. Size of wound 2 c. m. x 1 c. m. x bone/muscle deep underneath both tibia and fibula fractured. (9) Multiple lacerated wounds in an area of 13 c. m. (updown) x 4 c. m. (side to side) on the front of left leg, 3 c. m. above left ankle joint. Average size of wound 1-1/2 c. m. x 1 c. m. x muscle/bone deep, tibia and fibula fractured. In the opinion of Dr. Pandey the deceased died on account of shock and haemorrhage as a result of injuries sustained by her.
(3.) THE case was investigated in the usual manner by Shivdhar Ram, PW-5, Inspector incharge of police station Maholi, District Sitapur. After investigation, the appellant was charge sheeted. The case was committed to the Court of Sessions in the usual manner where the appellant was charged for the offence under Section 302 IPC. He pleaded not guilty to the charge and claimed to be tried. During the trial, in all the prosecution examined four witnesses. One out of them i. e. Jumman, PW-1 was examined as an eye- witness. The learned trial Judge believed the evidence of Jumman and convicted and sentenced the appellant in the manner stated in para 1. Hence, this appeal.;