- (1.) R. C. Pandey, J. Accused Maddoo was tried for the offence punishable under Section 302 IPC by I Additional District and Sessions Judge, Barabanki for having committed murder of his wife in Sessions Trial No. 584 of 1998. The learned trial Judge vide judgment and order dated 22-6-2001 found the accused appellant guilty of the offence punishable under Section 302 IPC and sentenced him to life imprisonment with a fine of Rs. 5000 and in default of payment of fine, three months further R. I.
(2.) THE prosecution case, in brief, as narrated by complainant Abdul Bari, PW-5 is that his daughter Salma was married with accused appellant. Formerly, accused Maddoo used to live in village Dhanni-Ka-Purwa, PS. Dewa, district Barabanki along with his wife Salma. Subsequently, Maddoo, accused appellant left the village and started living in a rented house in Qasba Dewa in the house of one Majid tailor. Formerly, relations between Maddoo and Salma were cordial, but subsequently there arose some dispute between them and accused appellant Maddoo wanted to divorce Salma. A son was born from the wedlock and the age of the son was about 1 1/2 years at the time of the incident. Ten days before the said incident resulting in the murder of Salma, a Panchayat was held where it was agreed that accused appellant will properly maintain Salma and will not quarrel with Salma. THEreafter, both of them started residing together. Ten days after the Panchayat, complainant received information on 25-2-1998 at about 8. 00 a. m. from one Qurban Ali, P. W. 1 that murder of his daughter has been committed. On this information, complainant Abdul Bari visited the house of the accused appellant and found that dead-body of his daughter was lying on the cot. Her throat was found cut from the front. THE appellant along with his son was not found and had absconded from the house. THE entire household goods were found intact. THE complainant got prepared written report Ext. Ka-3 at the spot from one Aqeel Ahmad of his village and handed over the same at the police station at about 2. 00 p. m. on the basis of which chik FIR dated 25-2-1998, Ext. Ka-4, was prepared and a case under Section 302 IPC was registered and necessary entry in the G. D. was made, copy of which is Ext. Ka-5. Investigating Officer Radhey Shyam Sharma, PW. 6 was present at the police station at the time of registration of the case and took over the investigation. He visited the spot along with S. I. Shambhoo Dayal Chaudhary and got prepared Panchayatnama, Ext. Ka-6 and other papers. He sent the dead-body for post-mortem through constables Paramhans Ram and Ram Bachan Singh along with necessary papers and also prepared Fards relating to plain and blood stained earth Ext. Ka-13 and other articles. On 28-2-1998, on the information of Mukhbir, the investigating officer arrested accused appellant at about 5. 30 a. m. from the tempo stand. Accused appellant was apprehended along with his son 1 1/2 years old by him in the presence of witnesses P. W. 2 and P. W. 4. The accused appellant disclosed that he would get the knife recovered with the help of which murder of Salma was committed. In the presence of witnesses accused appellant got recovered from the shrubs in the courtyard of his house knife, alleged to have been used for murder of Salma, blood stained shirt, which accused was wearing at the time of commission of said crime. Necessary Fard Ext. 2 regarding recovery of knife and shirt was prepared at the spot and the recovered articles were sealed. Necessary information was sent to the family members of the accused appellant in his village Dhanni-ka-Purwa. The son of the accused was handed over to his Mausa on the request of the accused. The copy of said Fard was handed over to the accused appellant containing the signatures of accused appellant and two witnesses; Rafeeq, P. W. 2 Yaseen, P. W. 4 besides other witnesses who were present at the time of the arrest. He also recorded the statement of the witnesses. Site plan regarding place of incident, Ext. Ka-12 and site plan regarding place of recover of blood stained knife and shirt was also prepared. The articles recovered on the pointing out of accused appellant and other articles recovered from the dead-body and the spot were sent for chemical examination by the investigating officer. After completing other formalities, finally charge-sheet Ext. Ka-16 was submitted against the accused appellant. Post-mortem on the dead-body of Salma was conducted by Dr. P. C. Dubey, PW-3 along with Dr. D. R. Singh on 26-2-1998 at about 3. 30 p. m. At the time of post-mortem, the following anti-mortem injuries were found by the doctor on the person of deceased Salma: - (1) incised wound 16 cms x 5 cm on the front of neck just below the chin, 1 cm below right ear and 4 cms below the left ear. The wound was backbone deep. The trachea, esophagus, muscles and other tissues and vessels were found cut. The cause of death was on account of shock and heamorrhage as a result of injury. The doctor also stated that death of Salma sometime in the night of 24/25-2-1998 was possible on account of said injury. The doctor further stated that this injury was possible from a knife. He also stated that this injury was also possible from a sharp edged weapon like a Banka.
(3.) THE case was committed to the Court of Session. THE accused appellant was charged under Section 302 IPC. To which he pleaded not guilty and claimed trial. In support of its case, the prosecution in all examined six witnesses; Qurban Ali as PW. 1, Rafeeq Warsi as PW. 2 Dr. P. C. Dubey who conducted the post-mortem as PW. 3, Mohd Yaseen as PW. 4, complainant Abdul Bari as PW. 5 and the investigating officer Radhey Shyam Sharma as PW. 6. THE formal proof of Chik FIR Ext. Ka-4 and its G. D. entry Ext. Ka-5 was dispensed with from the side of the accused appellant. No oral or documentary evidence was adduced by the accused in defence. For the first time during cross-examination of complainant Abdul Bari, PW. 5 it was suggested from the side of the accused that a dacoity took place at the house of Salma and the dacoits after looting property also committed murder of Salma. It was further stated that in the night of occurrence he was not present and had gone to Budhawal Sugar Mill and he received information there on which he came to his house. The case is based on circumstantial evidence. After considering all oral and documentary evidence on record against the accused appellant, the trial Court found the accused appellant guilty of offence punishable under Section 302 IPC beyond all reasonable doubt and convicted and sentenced him as mentioned above. 6-A. Feeling aggrieved from said judgment and order, this appeal has been preferred by accused appellant from jail.;