- (1.) The sole accused appellant has challenged the judgment and order dated 31.10.2003 passed by Additional Sessions Judge, Court No. 5, Saharanpur in S. T. No. 345 of 2002, whereby he has been convicted and sentenced to undergo imprisonment for life and fine of Rs. 5,000/- under section 302 IPC and to undergo rigorous imprisonment for six months under section 506 IPC with default stipulation.
(2.) Facts germane to the instant appeal are that Anees Ahmad s/o Raseed Ahmad, resident of Mohalla Mohd. Gori, P. S. Gangoh, District Saharanpur submitted a written report at police station Fatehpur stating that he along with his co-villager Sazid PW-1 had gone to the house of his married daughter Mobina w/o Jan Mohd. for delivering goods/gifts as Eidi on the eve of Eid-ul-Fitr. After offering Namaz in the mosque at 2.00 P. M. they went to the house of the accused who has also arrived there. The accused asked his wife (deceased) to prepare food. She told him that these are days of Ramzan and today is Juma (Friday), how she could prepare food and he should also pray to the God and what he would reply Him as he has not kept fast. On hearing this the accused got enraged and took out the axe from room and started assaulting her. When the complainant and his companion tried to intervene the accused also threatened them to death. The accused after mercilessly assaulting his wife and washing the floor went away along with axe. The complainant along with his companion and Gufran brother of the accused took the injured to Fatehpur hospital but considering her critical condition the doctor referred her to Saharanpur hospital where she was declared dead. Complainant further stated that after informing the incident at his home and getting the inquest of the deceased prepared he has come to lodge the report. On the basis of this report, case crime no. 182/2001, under sections 302, 506 IPC was registered at Fatehpur police station, investigation whereof was taken up by S. O. Jagat Kumar Singh PW-6. Investigating Officer interrogated the complainant and other witnesses and reached at the spot and prepared site plan. He seized the blood stained chappal of deceased from the scene of occurrence through memo Ex. Ka-8. The accused was arrested on 09.12.2001 at 2.45 P. M. On his interrogation he assured the police to get the weapon of offence i. e. axe recovered. He escorted the police to Kalsiya triangular crossing and from a dilapidated Kothri took out the axe which was kept under the Pural. This recovery was made at 5.30 P. M. The recovery memo was prepared on the spot and its copy was furnished to the accused. Ere that the inquest of the dead body of the deceased was conducted by S. I. Tilak Ram Tyagi in the morning of 08.12.2001 in the presence of Panch witnesses which included complainant, his son and other people who were residents of Kasba Gangoh. Sri Tyagi sealed the dead body and along with usual papers sent the same for post mortem examination through police constable. Dr. Karan Singh conducted autopsy on the person of the deceased. He found that 30 years old deceased was having average built body, rigor mortis was present in both upper and lower extremities. There was no decomposition. Dr. Karan Singh found the following ante-mortem injuries on the person of the deceased: 1. Incised wound 5 cm x 1.5 cm x brain deep on front of fore head 1 cm above the medial end of right eye brow. On exploration the brain and the membranes were found cut with clotted blood in right frontal lobe. Frontal bone of the right side was also cut. 2. Incised wound 9 cm x 1 cm x bone deep on left side of head, 6 cm above the pinna of left ear. 3. Abraded traumatic swelling 4 cm x 1 cm on right side upper part of neck just below the mindible bone. On exploration clotted blood was found on right side of larynx. 4. Incised wound 2cm x 0.5 cm x muscle deep on outer aspect of left fore arm 10 cms below left elbow joint. 5. Abraded traumatic swelling 3 cm x 2 cm on back of chest midline 5 cm below C-7 vertebra. 6. Abraded traumatic swelling 2.5 cm x 2 cm on back of chest midline 5 cms below injury no. 5.
(3.) The doctor opined that the deceased suffered death about a day before due to comma as a result of head injury. The investigation ended in charge sheet against the accused.;