U. S. Tripathi, J. - (1.) -This appeal has been preferred from jail against the judgment and order dated 27.7.2000, passed by the Special Judge Anti Corruption Act/Additional Sessions Judge, Gorakhpur, in Sessions Trial No. 394 of 1999, convicting the appellant under Section 302, I.P.C. and sentencing him to imprisonment for life.
(2.) THE prosecution story briefly stated was that the appellant along with his wife Smt. Saraswati deceased and two daughters Anshoo aged about 8 years and Kazal aged about one year was residing in Avas Vikas Colony Mahadeo Jharkhandi, Gorakhpur City. THE appellant had taken loans from several persons which he was unable to pay. On account of loan he was hard pressed and used to beat his wife and children out of frustration. On 2.8.1999 at about 5.30 p.m. the appellant caused injuries with kudal on his wife Smt. Saraswati and two daughters Anshoo and Kazal. THE two daughters died on the spot and his wife Smt. Saraswati was badly injured. She was shifted to District Hospital by the residents of the colony. After committing murder and causing injuries the appellant was running from the spot, but the persons of the locality apprehended him by causing injuries on him and he was also admitted in the Jail Hospital. A written report of the occurrence was lodged at police station Cantonment by Ramesh Chaudhary (P.W. 1) the uncle and next door neighbour of the appellant. On the basis of the above report a case was registered against the appellant under Sections 302 and 307, I.P.C. Smt. Saraswati also died in the hospital after some time. The investigation of the case was taken by Sri Indresh Yadav (P.W. 4) who visited the spot on 2.8.1999 and found the dead bodies of Km. Anshoo and Km. Kazal lying on the spot. He conducted inquest of the above dead bodies and sent for post mortem and thereafter came to District Hospital, where he conducted inquest of the dead body of deceased Smt. Saraswati and sent it for post mortem. The Investigating Officer interrogated the witnesses of the locality as well as eye-witnesses.
(3.) AUTOPSY on the dead bodies of Smt. Saraswati, Kazal and Anshoo were conducted on 3.8.1999 by Dr. O. N. Gupta (P.W. 5) who found following injuries and cause of death. There were following ante mortem injuries on the person Smt. Saraswati deceased : (1) Incised wound 6 cm. 1-1/2 cm. bone deep on the left parietal region. (2) Incised wound 8 cm. 2 cm. bone deep over left ear and mastoid region underlying mastoid bone cut. (3) Incised wound 3 cm. 1 cm. bone deep on right parietal region. (4) Incised wound 2-1/2 cm. 1 cm. bone deep on the occipital region right side. (5) Incised wound 1/2 cm. 1/2 cm. muscle deep on the back of left elbow. (6) Abrasion 1/2 cm. 1/2 cm. on the back of left fore arm. (7) Incised wound 1 cm. 1/2 cm. muscle deep on the right arm middle. (8) Stitched wound with 4 stitches O shaped on the right forearm on opening wound was muscle deep. (9) Incised wound 3 cm. 1/2 cm. skin deep on the right scapular region. (10) Multiple abrasions in an area of 36 cm. 20 cm. on the back of chest and abdomen. (11) Abrasion 6 cm. 1 cm. on the back of right wrist. Internal examination showed that there was haematoma below skull and all over the membranes and brain and cause of death was coma as a result of ante-mortem injuries.;