B.L.YADAV, J. - (1.) The appellant Ramua alias Ram Lal has preferred this criminal appeal against his conviction under S. 302, I.P.C. and sentence for life imprisonment and under S. 201, I.P.C. and sentence for four years' rigorous imprisonment. The learned Sessions Judge has convicted the appellant by the judgment and order dated 10/05/1983 in Sessions Trial No. 146 of 1982.
(2.) The prosecution story as contained in the F.I.R. is that the appellant who was resident of village Pali, P.S. Jakhlaun, district Lalitpur, was living separately from his father Tiju, who lodged the first information report (Ext. ka-1) that his daughter-in-law namely Smt. Suhagrani aged about 27 years was missing for the last seven days. She was wearing a Saari and some glass bangles etc. The appellant was living separately from his father with his wife Smt. Suhagrani the deceased and two children. It was alleged that somehow the appellant was not satisfied with his wife's conduct and on 9-6-1982 he sent to the Jungle of Pali with his wife and two sons on the pretext to collect dried wood and murdered the wife there with an axe (Kulhari). Her dead body was left in the Jungle after the murder. Only some bones were recovered. On the pointing out of the appellant on 16-6-82, when the first information report is alleged to have been lodged, the blouse, glass bangles, hairs and some torn clothes and dhoti containing blood stains were recovered (vide Ext. Ka-2). On the same date some bones were also recovered on the pointing out of the appellant (vide Ext. Ka-3).
(3.) There is no eye-witness except one child named Bihari the son of the appellant aged about 3 to 4 years (P.W. 1). About whom the learned Sessions Judge has given a certificate to the effect that the child witness is not understanding the sanctity of the truth and understands the question with difficulty after repetition, and oath was not administered.;