- (1.) M. C. Jain, J. Assailing the order of conviction and sentence passed on 20-12-1980 by Sri B. D. Agrawal, the then Sessions Judge, Saharanpur in Sessions Trial No. 382 of 1980, these two appeals have been filed which are being decided together. The appellant in criminal appeal No. 14 of 1981 is Mohd. Iqram, whereas Noora, is appellant in criminal appeal No. 60 of 1981. Both of them have been convicted under Section 302 IPC read with Section 34 IPC and sentenced to life imprisonment.
(2.) WE have heard Sri S. K. Pundir, learned Counsel for the appellant Mohd. Iqram of criminal appeal No. 14 of 1981, Sri R. B. Sharma learned Counsel for the appellant Noora of Criminal Appeal No. 60 of 1981 and Sri G. S. Bisaria from the side of the State. There was one third accused Suresh Kumar, husband of the deceased, who was also tried along with the two appellants but he was acquitted. The deceased was Smt. Rashmi. The incident occurred on 15-5- 1980 at about 9 p. m. at her house in Mohalla Gill Colony, P. S. Sadar Bazar, Saharanpur and the FIR was lodged the same night at 10 p. m. by SI Brahm Pal Singh PW 6. The distance of police station was only two furlongs. The case was initially registered under Section 307 IPC but was subsequently converted into one under Section 302 IPC. The brief resume of the facts, as emerging from the FIR and the evidence adduced, may be set forth for appreciation of subsequent discussion. The deceased was aged about 30 years and had been married to Suresh Kumar, but her relations with him and her in-laws were strained. She had no issue. Her husband moved a petition under Section 13 of the Hindu Marriage Act for divorce against her which was decreed on 30-1-1980. Under the decree, she was permitted to reside in a room with an enclosed Sahan towards its west situate apart from the rest of the house and she was also granted maintenance @ Rs. 150/- per month till her lifetime or remarriage, whichever was earlier. She had preferred an appeal in the Court of District Judge which was pending. On 15-5-1980 at about 9 p. m. SI Brahm Pal Singh PW 6 of Police Station Sadar Bazar accompanied by Head Constable Balvir Singh PW 7, Constable Surendra Pal and Constable Babu Ram was moving in connection with collection of clues relating to some crime and for general patrolling. On reaching the west of Adarsh School, he and his companions heard shrieks emanating from the house of the co- accused Suresh Kumar (where the deceased also resided as stated above), known as Jagadhari Walon Ki Kothi. They saw three persons scaling down the wall of the Sahan towards west of the room under the occupation of the deceased Rashmi. On being challenged and flashing of torch light, two of them ran towards north west and the third towards south. A chase was given to those running towards north west and the present two appellants were caught hold of. Samay Singh PW 8 and one Sharif were also present. The culprit running towards south was spotted but he managed to escape towards south. He was stated to be the co-accused Suresh Kumar by the present two appellants when they had been apprehended. The appellants led the police party inside the Sahan mentioned above. The lock inside the door opening in the Sahan was broken and S. I. Brahm Pal Singh PW 6 besides others in his company could see a woman lying unconscious on the floor in the room. She was laid on a cot. In the meanwhile, Mahesh Kumar PW 3 (elder brother of Suresh Kumar) also came down from the upper storey besides other persons. They took Rashmi by car to SBD Hospital, Saharanpur. The appellants were brought to the Police Station Sadar Bazar, where FIR was lodged by SI Brahm Pal Singh PW 6, as stated earlier. The appellant Noora was also sent for medical examination. Smt. Rashmi was pronounced to be dead at the hospital and Mahesh Kumar PW 3 conveyed it to the police at about 11 p. m. resulting in conversion of the case to that of Section 302 IPC. The investigation ensued.
(3.) THE post-mortem over the dead body was conducted by Dr. G. R. Sharma PW 1 on 16-5-1980 at about 4. 30 p. m. THE deceased was aged about 30 years and about 18 hours had passed since she died. THE following ante-mortem injuries were found on her person: (1) Lacerated wound 1-1/2 cm x 1-1/2 cm x 1/4 cm on left eyelid with contusion 7. 5 x 2 cm extending from left eyelid to left temple region. (2) Abrasion 4 x 1/2 cm on left cheek. (3) Abrasion 1-1/2 cm x 3/4 cm on left side neck, 2 cm below angle of mandible. (4) Abrasion 1/2 cm x 1/2 cm with contusion 1-1/2 cm x 1 cm on the right side of neck, 4 cm below angle of mandible. (5) Abrasion 1-1/2 cm x 1 cm on back of left shoulder joint top. (6) Abrasion 1 cm x 1 cm on back of left elbow joint. (7) Contusion 5 cm x 3 cm on right forearm upper 1/3rd medial side. (8) Contusion 4 cm x 2 cm on back of inner angle of scapula. Internal examination showed that hyoid bone and rings of trachea were fractured. Muscles of the neck were found congested. In the opinion of the Doctor the cause of death was asphyxia due to strangulation. The injuries on the neck were sufficient in ordinary course of nature to cause death.;