K.K.MISRA, J. - (1.) THE instant criminal appeal has been preferred against judgment and order dated 25 -6 -1981 passed by Sri K.S. Dubey, the then VI Additional Sessions Judge Metropolitan Area), Kanpur, convicting the appellant Satori alias Dilip Kumar under Section 302 IPC and sentencing him to life imprisonment.
(2.) THE facts of the case as stated in the FIR are that the first informant Chhedi Lal's sister Raj Kumari alias Nanki was married with Master Banshi. After some time, she left Master Banshi and went with Bharat Kumar. She had also developed illicit relations with Chandshekhar Vajpayee alias Nanhey Jalim. Chandrashekhar Vajpayee's sons objected to their relations but to no effect. Few days before the incident Vajpayee's son Satori, the present appellant, threatened Nanki to kill her if she failed to change her ways. On 4 -9 -1980 at about 8.30 p.m. Nanki was conversing with the Chandrashekhar Vajpayee near his house and as soon as she reached near the house of Jugal Kishore Gupta, Chandrashekhar Vajpayee's son Kamlesh Kumar alias Sattoo and his brother Satori, the present appellant and their friends Ravindra and Ashok who were already waiting for her, started hurling abuses on her. Hearing their altercation, Virendra Kumar alias Kaptan, the first informant Chhedi Lal, his son Santosh Kumar and other persons of the Mohalla assembled there and tried to pacify them. As soon as Nanki started for her house, Ravindra, Ashok and Kamlesh Kumar alias Sattoo exhorted to kill her as she had not mended her ways. On their exhortation, Satori took out a country made pistol and fired a shot which hit her. She ran towards her house but could not do so and fell on the ground at the corner of the shop of Sri Ram. The shot had hit her in her back. All the four accused fled to northern side. The first informant took Nanki in a Rickshaw to the Parade Hospital where she was admitted. He then went to the police station and lodged the FIR at 10.30 p.m. Originally, the case was registered under Section 307 IPC. Injured Nanki succumbed to her injuries at 1.05 a.m. The informant informed the Police Station about the death of Nanki and the case was converted into Section 302 IPC.
(3.) THE investigation of the case was conducted by PW 7 Ram Lal Verma S.I. He recorded the statement of informant Chhedi PW 3 at the Police Station and then proceeded to the Hospital. He recorded the statement Nanki in the Hospital. He visited the place of the occurrence the same night, prepared the site plan, collected blood stained and simple earth from the spot. A tube light was found glowing at the place of occurrence. He recorded the statement of Virendra Kumar alias Kaptan the same night. Next morning at about 8.30 a.m. he prepared inquest report of the dead body of the deceased in Hospital and prepared other necessary documents. The dead body was sent for post -mortem. After completing the investigation, he submitted the charge -sheet on 10 -9 -1980 against Kamlesh Kumar alias Sattoo Ravindra Singh, Ashok Kumar and Satori.;