ANIL KUMAR SHARMA - (1.) CHALLENGE in this appeal is to the judgment and order dated 23.10.2000 passed by Additional District and Sessions Judge, IVth Bareilly in S.T. No. 611/1999, whereby the appellant has been found guilty for the offence punishable under section 302 IPC and has been sentenced to undergo imprisonment for life.
(2.) SUCCINCTLY stated the facts of the case are that on 08.12.2008 at 6.45 P.M. complainant Virendra Kumar s/o Roop Lal, r/o village Radhauli Kalan, Police Station Fatehganj Purvi, District Bareilly stating that his co- villager Ram Autar s/o Babu Ram Derji resides in the village along with wife and two children. His mother and elder brother reside in Shahjahanpur. Today at about 5.15 P.M. Ram Autar has killed his wife Smt. Seema and two sons Pancholi aged about 8 years and younger son Bijendra aged about 5 years on account of some issue and after closing the door has left the house with his blood smeared hands. He along with Ramvir, Surendra Prasad, Sripal and Omkar and other villagers have seen the accused. He was chased to Shivnager but could not be apprehended. On the basis of this report case at crime no. 282/98 was registered, investigation whereof was taken up by S.O. Padam Singh himself. He interrogated the complainant and witnesses Ramvir, Surendra Prasad, Sripal and Omkar. On 09.02.1998 he inspected the spot prepared site plan and recovered piece of brick, blood stained knife (Chhuri), simple and plain earth from the spot in the presence of witnesses through memo Ex. Ka-8. The inquest on the dead bodies of all the three deceased were prepared on 09.12.1998 from 8.00 a.m. onwards and along with usual papers they were sent for post mortem examination. Dr. S. C. Sinha conducted autopsy upon the corpses of the deceased on 09.12.1998 and has noted in his autopsy note as under: (1). Pancholi - aged about 8 years Average built body, rigor mortis present in upper and lower limbs, both eyes and mouth closed. Blood present on whole of face and head. Ante-mortem injuries Multiple lacerated wound in an area 10 cm x 8 cm on the face and forehead measuring 6 cm x 3 cm bone deep and smaller 1 cm x 1/2 cm x bone deep. Underneath frontal (right) orbital and nasal bones fractured. Membranes and brain lacerated, clotted blood present, right eye ball lacerated. In the opinion of the doctor the deceased suffered death about one day before due to coma as a result of ante mortem head injury. (2). Smt. Seema - aged about 27 years Average built body, rigor mortis present in upper and lower limbs, both eyes and mouth closed. Blood present on outer face and body at places. Ante-mortem injuries (i) Incised wound 6 cm x 1/2 cm x muscle deep on left side head, 6 cm above left ear. (ii) Incised wound 2 cm x 1/2 cm x muscle deep on left temporal region. (iii) Lacerated wound 7 cm x 4 cm x bone deep on middle of forehead, underneath, frontal bone fractured, membranes lacerated, brain lacerated, clotted blood present. (iv) Lacerated wound 3 cm x 1 1/2 cm x bone deep on middle of nose underneath nosal bone fractured. (v) Lacerated wound 4 cm x 1 cm x muscle deep over upper lip just below nose and incisor teeth of upper jaw are loose. In the opinion of the doctor the deceased suffered death about one day before due to coma as a result of ante mortem head injuries. (3). Bijendra - aged about 5 years Average built body, rigor mortis present in upper and lower limbs, both eyes and mouth closed. Blood present on whole of face and head. Ante-mortem injuries (i) Lacerated wound 8 cm x 6 cm x bone deep over middle of forehead and nose underneath nasal and frontal bones fractured. Clotted blood present. (ii) Incised wound 2 cm x 1 cm x muscle deep on the right side face just lateral to lower eyelid. (iii) Incised wound 1 cm x 1/2 cm x muscle deep on right temporal region. (iv) Incised wound 1 cm x 1/2 cm x muscle deep over right eye brow. (v) Lacerated wound 1 cm x 1 cm x muscle deep on left temporal region. (vi) Contusion 8 cm x 6 cm on left side face and temporal region. In the opinion of the doctor the deceased suffered death about one day before due to coma as a result of ante mortem head injury. Accused Ram Autar was arrested on 13.12.1998 and at his instance Investigating Officer recovered his blood stained short and vest in presence of witnesses Ram Sewak and Kalyan through memo Ex. Ka-29. Thereafter through statement of witnesses Peshkar and Ram Kumar the complicity of accused Smt. Kamla was revealed and she was arrested on 21.12.1998. The case property was sent for examination in Forensic Science Laboratory and after conclusion of the investigation charge sheet was submitted against accused-appellants and his mother Smt. Kamla.
(3.) AFTER committal of the case to the Court of Session charge for the offence punishable under section 302 IPC was framed against accused Ram Autar while Smt. Kamla was charged under section 120B IPC.;