- (1.) Y. R. Tripathi, J. This appeal has been directed against the judgment and order dated 18-6-1992 passed by Sri F. A. Khan, the then Special Judge/additional Sessions Judge, Jaunpur in Sessions Trial No. 59 of 1991, whereby he having held the appellant, guilty of the charge under Sections 302 IPC and 201 IPC has convicted him of the same and sentenced him to undergo life imprisonment and three years rigorous imprisonment, respectively with a direction that both the sentences of the appellant shall run concurrently.
(2.) THE necessary facts leading to this appeal are that the appellant who is resident of village Gahali Police Station Barsathi district Jaunpur is married to Smt. Lalti Devi of village Chandan Sarai Police Station Machhli Shahar of his district. He had three issues, one male and two female from Lalti Devi at the time of occurrence. THE appellant suspected the fidelity of his wife. It is said that a few days prior to the incident there had been some quarrel between the appellant and his wife whereupon his wife Smt. Lalti Devi had gone to her maika with her brother Kheladi. Displeased over his desertion by his wife the appellant used to curse his life saying that his wife had left him nowhere and had rendered his life and the life of his children meaningless. It is further alleged that rushed over the conduct of his wife, the appellant on 1-11-1990 at about 11. 00 a. m. hacked his son Ashish Kumar aged about nine years to death by means of a gandasa and concealed his dead-body in the eastern room of his house. On the evening of that day when Munai Devi P. W. 5, the mother of the accused came to learn about the incident, she raised a hue and cry attracting thereby Shitla Prasad Dubey P. W. 1, Vikaramajeet Saroj P. W. 2, Vikaramajeet Dubey P. W. 3 and others at the house of the appellant, whereupon the appellant ran away from his house alongwith a blood stained gandasa. THEse witnesses found the dead-body of Ashish Kumar in the house of the appellant. Shital Prasad Dubey P. W. 1 thereupon prepared a written report Ext. Ka-1 and proceeded to the Police Station Barsathi, where he made over the said report to the head constable Phool Chand (not produced) then posted at P. S. Barsathi, who on the basis of the written report Ext. Ka-1 drew the chick report Ext. Ka-5 and registered a case at Crime No. 171 of 1990 at 8. 40 p. m. under Sections 302 IPC and 201 IPC vide G. D. Ext. Ka-6. Sub- Inspector Ram Bahadur Yadav P. W. 6, who was then posted as Station Officer at P. S. Barsathi took up the investigation in his hands. He recorded the statement of Shitla Prasad Dubey P. W. 1 at the Police Station itself and thereafter proceeded in the company of the informant to the spot. By the time he reached at the spot it had become quite late. In the night, he made enquiries about the incident and on the following morning prepared the inquest report Ext. Ka-2, photo nash, challan nash, Form No. 33, letter for post-mortem etc. Exts. Ka-2 to Exts. Ka-12 and after sealing the dead-body of the deceased handed it over to constables Rudal Prasad (not produced) and Ram Nagina Yadav P. W. 7 for being taken to the mortuary for its post-mortem examination. He also inspected the spot and prepared a site plan Ext. Ka.-13. He took blood soiled and ordinary earth through a memo from the place wherefrom the dead-body of the deceased was recovered and recorded the statements of Munai Devi P. W.-5 and others. On the basis of the information received, he on 4-11-1990 arrested the accused from the bank of Varuna river situate to the south of village Gahali, and on his pointing recovered Gandasa, the weapon used in the commission of the offence and prepared a memo Ext. Ka-4 in respect thereof. As it appears the two Constables Rudra Prasad (not produced) and Ram Nagina Yadav P. W. 7 who were entrusted with the dead-body for its being taken to mortuary produced the dead-body of Ashish Kumar before Dr. D. Mandal P. W. 9 who was then posted as Senior Medical Officer at Jaunpur. Dr. D. Mandal conducted autopsy on the dead-body on 2-11-1990 at 3. 00 p. m. According to him the victim was aged about 9 years and had died a day before. He was of average built. His eyes and mouth were closed. Rigor mortis was found present on the lower limbs and had passed away on the upper limbs and decomposition had set in Dr. Mandal found the following ante-mortem injuries on the dead-body : (i) Incised wound 11 cm. x 1. 5 cm. x cut through of cervical vertebra the left side of the neck and cutting of all the organs vessels of neck left side and spinal card also. (ii) Incised wound 7 cm x 1 cm. x cutting of bone of skull on the right side of head, 5 cm. above from right ear. (iii) Incised wound 5 cm x 3 cm on the posterior aspect of right shoulder joint. According to Dr. Mandal the deceased had died due to shock and haemorrhage as a result of his ante- mortem injuries.
(3.) IT appears that Sub-Inspector Ram Bahadur Yadav P. W. 6 during the course of investigation interrogated other witnesses of the incident including Vikaramajeet Saroj P. W. 2 Vikaramajeet Dubey P. W. 3 and Raghubir Prasad P. W. 4 and on completion of the investigation presented a charge-sheet Ext. Ka-15 against the appellant accused under Sections 302 and 201 IPC, which resulted in his trial. The prosecution in support of its case produced as many as nine witnesses. They include Shitala Prasad Dubey P. W. 1, the informant, Vikaramajeet Saroj, P. W. 2, Vikaramajeet Dubey, P. W. 3 Raghubir, P. W. 4, Smt. Munai Devi P. W. 5, the mother of the appellant, all witnesses of one or the other facts, Ram Bahadur Yadav P. W. 6, the Investigating Officer, Ram Nagina Yadav P. W. 7, who had taken the dead- body of the deceased to the mortuary and on whose identification the autopsy on the dead-body was carried out by Dr. D. Mandal P. W. 9 and Dr. R. P. Tiwari, P. W. 8, who had examined the appellant on 5- 11-1990 at 7. 30 a. m. and had found an incised wound of the size of 3 cm x 1/2 cm x muscle deep on the dorsal of left thumb on distal phalanx 8 cm below left wrist joint. He had found the injury transversely placed.;