- (1.) KHEM Karan, J. This jail appeal, by sole appellant Babu Lal, is directed against his conviction under Section 302 of Indian Penal Code and the sentence of life imprisonment thereunder, recorded by the learned IV Addl. Sessions Judge, Sultanpur in S. T. No. 318 of 1996.
(2.) THE occurrence is of 16-7-1996 at about 12. 00 in the noon. THE deceased Ram Dular was son-in-law of First Informant Murli (now dead) and the appellant Babu Lal is son-in-law of Mani Ram, real brother of Murli. It has been hinted that the appellant was suspecting illicit sexual relationship between his wife and deceased. At the relevant time, Ram Dular was sleeping on a cot, in osra (outer space of the house) of Murli. THE First Informant Murli also lay near to him, on a different cot. It is said that the appellant, who was also in the village on that day, reached there and gave knife blow to Ram Dular and on the alarm raised by him and his father-in-law Murli, Sri Ram (PW. 2), Goli (PW. 3) and others rushed to the spot and all of them succeeded in arresting the appellant, while attempting to run away. THE weapon of offence, namely knife (Ext. 1) was recovered from him. It is said that Murli got a FIR (Ext. Ka-1) prepared with the help of scribe Hirday Ram (PW. 1) and rushed to the police station Motigarpur, alongwith arrested appellant and the injured. It is claimed that this FIR was lodged with the police on the same day at 2. 10 p. m. , on the basis of which crime No. 133 of 1996, under Section 324 of IPC was registered and the appellant and the knife, recovered from him, were handed over to the police. The injured Ram Dular was sent to District Government Hospital, Sultanpur, where his injuries were examined at 4. 00 p. m. by Dr. Rajiv Srivastava, who found one incised wound on abdomen. The general condition of the injured was not good. He remained under treatment from 16-7-1996 to 21-7-1996, when he died at 5. 45 a. m. Dr. C. B. Tripathi, who performed autopsy on the dead body, reported three ante-mortem injuries and in his opinion, the cause of death was septicemia, resulting from ante- mortem injuries. Sub-Inspector Dhanpal Singh, who investigated the crime, found no blood stains at the alleged place of occurrence or on the cot, on which the victim Ram Dular was allegedly sleeping, at the time of assault. The record received from the trial Court, reveals that the appellant was in jail throughout the investigation and the trial. Order dated 22-2-1999 of the learned Addl. Session Judge, speaks about the poverty of the appellant. As he had no means to engage a Counsel of his choice, so the learned Addl. Sessions Judge, appointed Sri Hari Narain Srivastava, Advocate, as amicus curiae, to defend him in the case.
(3.) THE accused pleaded not guilty to the charge under Section 302 of IPC, so the prosecutor adduced oral as well as documentary evidence to prove the same. THEre was no evidence in defence. THE First Informant, Murli could not be examined as he died, before the recording of prosecution evidence could commence. The finding of guilt recorded by the learned Additional Sessions Judge, rests on the eye account, given by Sri Ram (PW. 2) and Goli (PW. 3 ). The rest of the witnesses including Hirday Ram (PW. 1), are formal witnesses, just to assist the Court, in appreciating the ocular version.;