- (1.) Challenge in this appeal is to the judgment and order dated 21.9.2002, passed by Sri D. K. Saxena the then Addl. Sessions Judge/Special Judge (E.C. Act), Budaun in S.T. No. 665 of 2000, whereby each appellant has been convicted for the offence punishable u/s 302 read with 34 I.P.C. and sentenced to imprisonment for life and imposed fine of Rs.2,000/- each with default stipulation.
(2.) Facts germane to the appeal are that on 16.2.2000 at 1.30 A.M. Saimulla s/o Karamat resident of village Kaurara P.S. Faizganj Behta District Budaun submitted a written report in P.S. Ugheti wherein he stated that on 14.2.2000 he had come to village Sarah Baraulia in the aqeeqa of son of Nisar s/o Ali Ahmad. On 15.2.2000 at about 10.00 A.M. a scuffle took place between his niece Nisara wife of Rashid Ahmad @ Muhammduddin resident of village Sarah Baraulia with both the Deceased-appellants. In the night of 15.2.2000 he was sleeping in the inside room of Nisara and she was in the outer room. Her mother-in-law Mahamoodan was sleeping in the flour mill situated opposite to her house. At about 11.30 P.M. on hearing the shrieks and call of Nisara, he rushed to her room and in the light of chirag he saw that Kirand Pal and Premvir has overpowered Nisara and Kirand Pal was thrusting lathi (in and out) in her vagina. He challenged the accused and in the meantime mother-in-law of Nisara also arrived there. The accused made their escape good towards southern side. Intestines of Nisara have come out from her vagina and leaving her dead body at the spot he had come to lodge the report. On the basis of this report case at crime no. 24/2000 u/s 302 IPC was registered in P.S. Ugheti, investigation whereof was taken over by S.O. Diwakar Pandey himself. After interrogating the writer of check report, he proceeded for the spot and recorded statements of complainant, Mahamoodan, Ali Mohammad and Bankey Lal. At the instance of complainant he prepared site plan and seized plain and blood stained earth from the spot. He also prepared memo regarding the lamp which was lighting on the spot at the time of incident and gave in the supurdgi of the complainant. In the morning of 16.2.2000 he conducted inquest upon the cadaver of the deceased in presence of panch witnesses and sent the same in sealed cover along with usual papers. Dr. A. K. Chauhan conducted autopsy on the corpse of 28-years' old deceased on 16.2.2000 at 4.15 P. M. He found that the deceased was having average built body. Post-mortem staining on dependent parts and rigor mortis in all extremities was found. Her eyes were closed and mouth was half open. Loops of intestines were coming out from the vagina. He found the following ante-mortem injuries on her person: 1. Multiple round contused abrasions in an area of 13 cm x 12 cm on right side of face, chin and right side of neck. Large abrasion measuring 3 cm x 2 cm and small abrasion measuring 2 cm x 2 cm. 2. Multiple round contused abrasions in an area of 7 cm x 6 cm on left side of face, each abrasion measuring 4 cm x 3 cm. 3. One round abrasion 3 cm x 3 cm on right side of abdomen. 4. One round abrasion 4 cm x 3 cm on left side of chest at costal margin 3 cm away from mid-line. On examination of vagina, the internal wall of vagina was found lacerated and uterus and bladder ruptured. On examination of abdominal cavity stomach, liver, spleen, intestines, pancreas were found lacerated at places, dark fluid blood was present in abdominal cavity. In the opinion of the doctor, the deceased suffered death about th day before due to shock and haemorrhage as a result of ante-mortem injuries.
(3.) Efforts were made to nab the accused, but they could not be apprehended even after serving of coercive proceess u/s 82/83 Cr.P.C. Accused Kirand Pal surrendered in the Court on 2.3.2000. He was interrogated by the investigating officer in jail on 3.3.2000 and he allegedly confessed to have killed the deceased along with accused Premvir and offered to get the weapon of offence (lathi) recovered. An application for his police custody remand was submitted in the Court of Chief Judicial Magistrate on 7.3.2000. Accused Premvir surrendered in the Court on 6.3.2000 and with the permission of the Court he was interrogated in the jail on 8.3.2000. He also allegedly confessed his guilt. On 15.3.2000 police custody remand of accused Kirand Pal for 24-hours from 12 O'clock in the noon of 16.3.2000 was granted. The investigating officer took the custody of accused Kirand Pal from the jail on 16.3.2000 and the same day at about 4 P.M. he took out the blood stained lathi from the pulas of bajra near neem tree situated in the vicinity of village Gaharera. Recovery memo was prepared, copy whereof was furnished to the accused and lathi was sealed. The wearing apparels of the deceased, plain and blood stained earth seized from the spot and the lathi were sent for examination to Forensic Science Laboratory, Agra. The investigation culminated in charge sheet against both the accused-appellants.;