ANIL KUMAR SHARMA, J. - (1.) CHALLENGE in this appeal is the judgment and order dated 10.5.2002, passed by learned Sessions Judge, Lalitpur in S.T. No. 45 of 2001, under section 302, 120-B IPC, P.S. Jakhaura, District Lalitpur, whereby appellant Baldeo has been convicted under section 302 IPC and Smt. Deoki alias Deokia has been convicted under section 302/34 IPC and each had been sentenced to undergo imprisonment for life. Smt. Deoki alias Deokia has further been convicted under section 120- B IPC and sentenced to undergo RI for a period of two years.
(2.) THE facts germane to the appeal are that on 19.3.2001 at about 10.30 a.m. complainant Chhotey Lal son of Mauzi Aharwar resident of Rajpur submitted a written report to the police station Jakhaura, wherein he has stated that his cousin Ramoo son of Daulati aged about 32 years used to go to Khaliyan for guarding the crop near Gulkunda Kua. In the night of 18/19-3-2001 he was at the aforesaid field. On 19.3.2001 at 8.00 a.m. when the complainant reached at the aforesaid Kua, he found that Ramoo is lying dead on the cot. There were injuries on his neck. He has been done to death with axe by some unknown persons in the night. On the basis of this report, case no. 56 of 2001 under section 302 IPC was registered at police station Jakhaura against unknown persons, investigation whereof was taken up by S.O. Sri J.P. Pandey. He reached at the spot and interrogated the complainant there. The inquest on the dead body of the deceased was conducted and in sealed cover it was sent for post-mortem examination along with usual papers. He inspected the spot, prepared site plan and seized plain and blood stained earth as also blood stained Kathri, Rassi of the cot, Sira Patti and its legs through memo Ext. 19. Thereafter he interrogated other witnesses. During investigation complicity of accused Baldeo was revealed. On 21.3.2001 accused Baldeo was interrogated and he allegedly confessed to have killed the deceased and on his pointing out blood stained axe used in the crime was recovered. Thereafter the I.O. recovered the blood stained axe, blood stained wearing apparels of Baldeo through Memo Ext. Ka-4. It was also revealed that accused Baldeo was having illicit relations with accused Smt. Deoki and both of them conspired together to eliminate the deceased. Accused Deoki was also arrested and at her instance the old clothes with which blood stains of axe were removed was recovered through Memo Ext. Ka-5. Dr. R.P. Gupta, PW6 conducted autopsy upon the cadaver of the deceased on 20.3.2001 at 1.30 p.m. He found that 32-years old deceased was having average built body. Rigor mortis had passed of from the neck but partially present over both upper and lower limbs, abdomen was distended, decomposition blisters were present over the lower abdomen and both inguinal region. Genitals swollen, greenish particles at places over lower abdomen. Both eyes were half open. The doctor found the following ante mortem injuries on the person of the deceased: 1. An incised wound 9.0 cm x 2.0 cm x bone deep, over posterior lateral aspect of right side neck, 7.0 cms below right ear, edges clean cut, in which 1.0 cm long tailing was present posteriorly and underline (SIO) vessels, muscles, vertebrae C-3 spinal cord had blood blood clots and dried blood. The wound was slightly oblique directing posteriorly and upward; 2. An incised wound, 12.0 cms x 2.5 cms x bone deep over posterio lateral aspect of right side neck direction obliquely and slightly upwards and posteriorly, edges of which were clean cut, 1.5 cms tailing present posteriorly. Underlying SIO, vessels, muscles, C-2 vertebrae and spinal cord were cut, 1.0 cm above injury no.1. Lower SIO of right mandible was also cut. Blood clot and dried blood present over the wound and around. 3. An incised wound 5.0 cms x 2.0 cms x muscle deep, overlapping injury no. 2 posteriorly, underlying s.i.o vessels, muscles were cut obliquely, directed posteriorly and upwards. In the opinion of doctor the duration of death of the deceased was about 1-1 1/2 day before due to shock and hemorrhage as result of ante mortem injuries.
(3.) THE investigating officer submitted his report to the C.J.M. Lalitpur for recording the confessional statements of both the accused persons. The CJM directed the Special Judicial Magistrate, Sri K.K. Devlia to record statements of the accused persons.;