PALOK BASU, J. - (1.) This appeal has been filed by Kewal Krishna against the judgment and order dated 8-4-1978 passed by the IV Additional District and Sessions Judge, Saharanpur, convicting the appellant and sentencing him to imprisonment for life u/S. 302 and to six months' rigorous imprisonment u/S. 323, IPC. Both the sentences were ordered to run concurrently.
(2.) The prosecution case is that Kewal Krishna was married to Smt. Vinod Kumari. One child was already about 2 years old and on 28-8-1977 Smt. Vinod Kumari was carrying the second child which had reached about 9 months of its existence. Kewal Krishna had come to stay with the in-laws in Pratap Nagar Colony within Police Station Mandi, distt. Saharanpur. It is said that on 28-8-1977 at about 5 p.m. Parvesh Kumar brought his brother-in-law i.e. the appellant Kewal Krishna along with a blood stained Sonta to the Police Station Mandi, Saharanpur along with some witnesses. An FIR was lodged by Parvesh Kumar (P.W.3) to the following effect (Translated into English by the Court): "I Parvesh Kumar live in Pratap Nagar Colony, Saharanpur. My brother-in-law (Bahnoi) Kewal Krishna Suri is employed in Anti-Biotics Factory, Rishikesh to whom my sister Vinod Kumari was married. He had come to stay at ours with my sister. Due to strike in the factory. Both were staying at ours. Quite often my brother-in-law used to be annoyed with my sister and we used to pacify him. My sister, brother-in-law and their two years' old son Avanish Kumar and my mother Kartar Devi were at the house. At about 4-30 p.m. I had gone to ease in the latrine. I heard strieks of my mother 'Bachao, Bachao'. I came out quickly and saw that the door of the room was closed from inside and my mother was knocking on it asking to open the door and from inside the room the shrieks of my sister 'Bachao, Bachao' was coming out. My mother told me that since I had gone to the latrine, Kewal Krishna started beating Vinod Kumari and when she went to save her inside the room she was beaten and pushed out of the room whereafter the room was locked from inside and beating of Smt. Vinod Kumari continued. We shouted at which Ladika Ram, Jagdish Prasad, Harbansh Lal Malhotra and Yograj etc. arrived where all attempted to get the door opened but failed. We claimed the adjoining room and from the ventilator peeped inside and saw that Kewal Krishna was standing with the Sonta in his hand and when we asked him to open the door he said unless the Police would arrive he would not open the door. Shortly Dewanji and three police constables of the Police Outpost arrived and after great persuasion Kewal Krishna opened the door. We found Smt. Vinod Kumari lying on the floor drenched in blood, having several injuries. Kewal Krishna was standing with the sonta in his hand which was smeared with blood. His clothes were also stained with blood. My sister was pregnant and the period was almost complete. I got my brother-in-law arrested by the Police, took the sonta and asked him why did he do this upon which he said she was my wife. I have killed her because she did not heed to what I was saying. My brother-in-law has killed my sister by causing her injuries because of mutual misunderstanding. We have brought him to the Police station having arrested him with the help of the police people along with the Sonta."
(3.) This FIR was lodged at 5 p.m. in the presence of P.W.8 Inspector Ram Singh who took up the investigation and left for the place of occurrence along with Chaman Singh S.I. (P.W. 6). Under the directions of Ram Singh, the said Chaman Singh prepared the Panchayatnama, diagram and challan of the body (Ex. Ka-6 to Ka-8). The dead body was sealed and sent through constable Bashir Ahmad and Chandrapal for post mortem examination. Blood stained Kurta, Pyajama and dhoti of the accused were also taken, apart from taking into custody ordinary blood stained earth.;