- (1.) U. S. Tripathi, J. This appeal has been directed against the judgment and order dated 1-5-1981 passed by 6th Additional Sessions Judge, Mainpuri in Sessions Trial No. 299 of 1980 convicting the appellant under Section 302 IPC and sentencing him to imprisonment for life.
(2.) THE prosecution story, briefly stated, is as under: The appellant Raj Kapoor was resident of village Pusena, P. S. Kotwali, District Mainpuri, Pati Ram, Bhagwan Das and Shiv Ram were real brothers of the appellant. Veer Sahai was father of the appellant. Smt. Dhandevi (30) deceased was wife of Bhagwan Das, elder brother of the appellant. It is alleged that relation between Dhandevi deceased and her husband were not cordial and her husband wanted to get rid of her. Bhagwan Das, the husband of the deceased, had once sold her at Nainital but she again came back to his house. Thereafter, Bhagwan Das had left her at Ahmedabad, but she again returned. Bhagwan Das used to beat Dhandevi deceased, but she was not leaving him.
(3.) ON 16-3-1980 at 7. 15 a. m. appellant Raj Kapoor lodged an oral report at P. S. Kotwali, District Mainpuri alleging that on the morning of 16-3-1980 at about 4. 00 a. m. he was attending call of nature near his house. Two persons entered into his house and murdered Dhandevi his sister-in-law by causing knife injuries. When he tried to save her he also sustained knife injuries. The assailants ran away towards grove by scaling the wall. ON the basis of above report chik FIR (Ext. Ka-17) was prepared by Constable Bhagwan Swaroop (P. W. 8) who made an endorsement of the same at G. D. report (Ext. Ka-18) and registered a case at Crime No. 266 of 1980 under Section 302 IPC against two unknown persons. The investigation of the case was taken up by Sri S. N. Gautam (P. W. 7 ). He proceeded to the village of the occurrence and reached there at 8. 30 a. m. He appointed Punches and conducted inquest of dead- body of the deceased and prepared inquest report (Ext. Ka-10) and other relevant papers (Ext. Ka-11 to Ka-14 ). He also inspected place of occurrence and prepared site plan (Ext. Ka-15 ). He sealed the dead- body of the deceased and sent it for post-mortem. The Investigating Officer took into possession blood stained and simple earth from the spot and prepared recovery memo (Ex. Ka-16 ). He also took into possession beddings of the charpai of the deceased and prepared recovery memo.;