U.S.Tripathi, J. - (1.) The condemned prisoner Shiv Shankar has preferred this appeal against his conviction under Sections 302, 376/511, 394, 504 and 506 I.P.C. and sentence of extreme penalty of death and fine of Rs. 10,000.00 under Section 302 I.P.C., R.I. for a period of 7 years and fine of Rs.5,000.00 under Sections 376/511 I.P.C. R.I. for a period of 5 years and fine of Rs.5000.00 under Section 394 I.P.C. and fine of Rs.1000.00 each under Sections 504 and 506 I.P.C.
(2.) The prosecution story, briefly stated, was as under :- Appellant Shiv Shankar alias Chaukidar and Bharat Singh (P.W.1) were residents of village Nivalpur, P.S. Shamshabad, district Farrukhabad. Bharat Singh (P.W.1) had two daughters Smt. Usha Devi (21) deceased and Pushpa Devi (P.W.2) Smt. Usha Devi was married, but on the date of occurrence she was residing at the house of her father Bharat Singh had his agricultural plots towards west of village abadi. There was maize crop in the field near Rasta. Jagram (P.W.3) had his field towards east of the field of Bharat Singh (P.W.1) in which there was maize crop.
(3.) On the morning of 8-8-1993 Smt. Usha Devi deceased along with her younger sister Pushpa Devi had gone to her maize field for throwing filth. After throwing filth in a pit in the said maize field they were returning to their house. At about 7.15 A.M. appellant Shiv Shankar alias Chaukidar emerged out from maize field of Yograj, caught hold of Smt. Usha Devi and made her fall down with intent to commit rape on her. When Smt. Usha Devi resisted and raised alarm, the appellant started inflicting knife blows on her. Pushpa Devi (P.W.2) also raised alarm. Hearing their cries Bharat Singh (P.W.1) Jag Ram (P.W.3) and Ram Prakash rushed to the spot, who observed the appellant causing knife blows on Smt. Usha Devi, lying in maize field. On the challenge of the witness?es, the appellant removed Lar, Payal and Kundal from the person of Smt. Usha Devi and ran away extending threats.;