- (1.) Y. R. Tripathi, J. The two appellants aggrieved from their conviction and sentence recorded by Shri Suresh Kumar Saxena, the then Ist Addl. Sessions Judge, Kanpur Dehat on 4-5-1996 in S. T. No. 293 of 1994 have preferred this appeal.
(2.) APPELLANT Vijai Singh resident of village Soharamau P. S. Soharamau, District Unnao has been convicted of the offences under Sections 302 IPC and 201 IPC and has been sentenced to undergo imprisonment for life under Section 302 IPC and five years rigorous imprisonment with a fine of Rs. 2,000 under Section 201 IPC. In default of payment of fine has been directed to undergo a further sentence of six months simple imprisonment. The other appellant Anil Kumar Singh having been convicted of the offence under Section 201 IPC has been sentenced to five years rigorous imprisonment and to pay a fine of Rs. 2,000 and in default of payment of fine to undergo six months simple imprisonment. The learned trial Court has also directed that the amount of fine realised shall be paid to the mother of the deceased and that the sentences awarded to appellant Vijai Singh on two counts shall run concurrently. Smt. Suman, the victim of this unfortunate incident, was the daughter of Sharda Bux Singh PW-2 a resident of village Semari P. S. Asoha District Unnao and was married to Vijai Singh about three and a quarter years prior to the incident. Vijai Singh was employed in a factory situate in village Rania of District Kanpur Dehat. He at the time of the incident was residing in village Rania alongwith the deceased in a rented room of the house owned by Jagarnath PW-4. The prosecution case giving rise to this appeal, in short, is that on 22-2-1994 when Smt. Sonpati PW-1 had gone to Rameshwaram Fair she was informed by her son Ram Karan that Smt. Suman had contacted tetanus and was in village Sohara Mau at the house of her in-laws. Smt. Sonpati on receiving this information rushed to village Sohara Mau and found her daughter lying dead in the house of her in laws. She noticed bleeding from the mouth and nostrils of the deceased and her eyeshaving been bulged out. She came to learn there that her son in-law had dropped the dead body of her daughter there on the previous day. Suspecting foul play and involvement of her son-in-law Vijai Singh, she lodged an oral FIR Ext. Ka-1 at P. S. Sohramau at 15. 15 hours on 22-2-1994. The Police of P. S. Sohara Mau swung into action and after holding inquest on the dead body and completing other necessary formalities sent the dead body to mortuary at Kanpur Dehat for its post mortem examination, which was conducted by the Medical Officer on duty in District Hospital Unnao on 23-2-1994 at 3. 10 p. m. The post-mortem examination of the deceased revealed that the victim was aged about 20 years and was of average built. Rigor mortis had passed off from both upper & lower limbs. Her abdomen was found distended, face congested and Cynosis present on lips and nails. Her left eye had bulged out with sub- conjunctive haemorrhage. Bleeding on left ear and nose was also found present with post-mortem stainings on dependent parts. The following ante-mortem injuries were also noticed on the dead body : (i) Contusion 16 cm x 10 cm on left side of face extending from fore head left eye & to all over the left side of face. (ii) Contusion 2 cm x 1 cm on tip of nose & left nostril. (iii) Contusion 4 cm x 2. 5 cm on left side of chin. (iv) Contusion 24 cm x 4 cm on front of right & left side of neck 7 cm below the chin & 10 cm below (Rt) ear & 9 cm below left ear abrasion & ecchymosis present edges & cutaneouos tissue on dissection is ecchymosed. Muscle of neck on (Rt) side & carolid artery (Rt) found ruptured with extravasation of blood.
(3.) ACCORDING to the Medical Officer conducting post-mortem examination, the deceased had died two days before due to asphyxia as a result of her ante mortem strangulation. The police of P. S. Sohramau after investigation presented charge-sheet against the appellants which resulted in their trial and conviction and punishment as aforesaid, dissatisfied from which the appellants have come up in this appeal. We have heard Sri Devendra Dhama, learned Counsel for appellant Vijai Singh, Sri Apul Misra learned Counsel for appellant Anil Kumar Singh and learned A. G. A. in extenso and have also perused the record of the case.;