- (1.) V. P. Goel, J. Fateh Bahadur and Vijay Bahadur were convicted by Sri P. N. Dubey, Sessions Judge, Jaunpur in Sessions Trial No. 200 of 1978 under Section 302, read with Section 34 of the Indian Penal Code for causing the death of Smt. Samarthi aged about 40 years and were sentenced to undergo imprisonment for life.
(2.) THAT on 12-6-1978 at about 5. 30 p. m. near the pumping set of Ram Sumer, in village Shera Patti, Police Station Khutahan in the district, Jaunpur. The accused-appellants armed with knife in furtherance of their common inten tion, intentionally and knowingly committed the murder of Smt. Samarthi by inflicting knife injuries on her and thereby committed offence punishable under Section 302, read with Section 34, IPC. The prosecution case briefly stated is that on 12-6-1978 at about 5. 30 p. m. Smt. Samarathi alongwith her son Suresh who were returning after throwing manure in their Chak. When they reached near the pumping set of Ram Sumer, accused Fateh Bahadur and Vijay Bahadur suddenly came out from behind the pumping set and asked Smt. Samarathi to stop. When Smt. Samarathi stopped there, accused Fateh Bahadur knocked her down and both the accused assaulted her with knife. On alarm being raised by the lady and her son Suresh, Sita Ram and several others were attracted to the scene of occurrence. On seeing them, the accused persons ran towards their house. Smt. Samarathi succumbed to her injury on the spot. The motive alleged in the First Information Report in the said crime was that there was a theft at the house of Baburam, Baburam suspected the complicity of Ram Ghulam and it was on their account that Baburam and the members of his family had feel ing of hostality against Ram Ghulam and his wife. The First Information Report of the incident (Ext. Ka-2) was written by one Shobhnath at the dictation of Sitaram PW 2 and the same was lodged at Police Station Khutahan at 7. 00 p. m. The Police Station is at a distance of one kilometre from the place of occurrence. On the basis of the First Information Report a chick report Ext. Ka-5 was prepared by PW 7 Ikram Ali constable Moharrir and a case under Section 302, IPC was registered vide the General Diary (Ext. Ka-6) at the Police Station. The investigation of the case was entrusted to Sri Achutan and Dubey PW 9 who immediately interrogated Sita Ram PW 2 at the Police Station and dispatched some constable to the place of occurrence to keep a watch over the deadbody of Smt. Samarathi. The Investigating Officer after recording the statement of Sita Ram PW 2 reached on the spot at about 8. 30 p. m. He held inquest on the (deadbody of Smt. Samarathi and prepared the inquest report (Ext. Ka-8), in the presence of the witnesses, he also prepared Photo-lash Ext. Ka-9, Challan nash Ext. Ka-11 and dispatched the deadbody for post-mortem examination. In) the same night, the Investigating Officer interrogated the witnesses of the inquest report and then, interrogated Suresh PW 6, Shobhnath, scribe of the written report and two eye-witnesses Sahdeo and Sadanand mentioned in the First Informa tion Report. All this took the whole night. In the morning of 13-5-1978 the Investigating Officer prepared the site plan and collected blood-stained and plain earth from the place of assault and also prepared the recovery memo in respect of Jhauwa Ext. 1 which was found thrown near the scene of occurrence. He made a search of the accused persons but they were not available. On 19-6-1978 the Investigating Officer came to know that the accused persons had surrendered in the Court.
(3.) DR. R. P. Rastogi conducted the post-mortem examination on the dead body of Smt. Samarathi on 13- 6-1978 at 4-40 p. m. and found the following ante-mortem injuries on the dead body vide the post- mortem report Ext. Ka-3 :- (1) Incised wound, semi-circular 6 cm. x| cm. X skin deep, extending from outer 3rd of left eye brow, 1 cm. outer angle of left eye. (2) Incised wound, 3 cm. xli cm. X chest cavity deep, on the inner aspect of left shoulder near the base of neck, 7$ cm. inner to top of shoulder, horizontally placed. (3) Incised wound, 1/2 cm x 1/2 cm. X muscle deep, oblique on the outer aspect of left shoulder. (4) Incised wound, 4 cm. x 1/2 cm. x through and through, on the open ing of left hand in between thumb and index finger. (5) Incised wound 3ixcm. xli cm x chest cavity deep directed downwards and inwards on the left side of chest 9 cm. above and outer to nipple at 2 O'clock position, vertically placed. (6) Incised wound, 3 cm. x 1/2 cm. X skin deep on the outer and base of right index finger. (7) Incised wound, 21/2 cm. xf cm. X muscle deep, on the left side of chest x scapular region just outer to spine. On internal examination the Doctor found the 5th rib completely cut and the 6th rib cut on the upper part under external injuries Nos. 2 and 5. The left pleural cavity contained about 1 pint blood. The left lung on the upper part was found cut under external injury No. 2. The lower part of the left lung was also found cut through and through. The stomach was found empty. The small intestine contained faeces and the large intestine contained scanty faeces and gas. The bladder was empty. In the opinion of the Doctor the death was due to shock and haemorrhage as a result of injuries Nos. 2 and 5.;