- (1.) M. C. Jain, J. The accused appellant Budh Sen has lodged this appeal against the judgment and order dated 6th October, 1981 passed by the then VII Additional Sessions Judge, Bareilly in Sessions Trial No. 40 of 1981, convicting him under Section 302 I. P. C. and sentencing to undergo life imprisonment for the murder of one Afarshis Lal. The incident took place in village Pareva, P. S. Bhirupura, District Bareilly in between the night of 22/23rd April 1979 and the F. I. R. was lodged on 23-4-1979 at 9. 15 a. m. by Rohan Lal PW 1 (nephew of the deceased ). The distance of the Police Station from the place of occurrence was about 6 miles.
(2.) THE broad essentials of the case may be noted. In between the fateful night the deceased Afarshi Lal was sleeping in the Courtyard of his house. His wife was sleeping inside. When she got up in the morning, she found that her husband had been murdered by someone. His neck bore cut marks. As per the F. I. R. , enmity existed between the accused appellant and the deceased from before. THEy were related as Sarhus to each other. THE father-in-law of the accused appellant was not sending his wife to him. THE accused appellant suspected that the deceased was instrumental in not sending his wife to him by his father-in-law. Before Holi, a quarrel had taken place between the accused appellant and the deceased over this issue and the latter had threatened the former of death. So, the accused appellant was named in the F. I. R. on suspicion. On the lodging of the F. I. R. , a case was registered and investigation was taken up by S. I. Ram Avtar Tarun PW 8, who accompanying by other police personnel reached the spot and busied himself with the activities related to investigation including the preparation of the inquest report. The dead body after being sealed was sent for post mortem. Post mortem was conducted on 24-4-1979 at about 4 p. m. by Dr. D. V. S. Harit PW 9. The deceased was aged about 28 years and about 1-1/2 day had passed since he died. The following ante-mortem injuries were found on his person: (1) Incised wound 13 cm x 2 cm x vertebral column deep on left side neck, 2 cm below left ear. Medial end of injury was upto middle of neck on front. Trachea, muscle and throat vessels cut. (2) Incised wound 11 cm x 1 1/2 cm x bone deep just parallel and 1 cm below injury No. 1. According to the Doctor, the death had occurred due to shock and haemorrhage as a result of ante- mortem injuries.
(3.) RAM Lali PW 2 - wife of the deceased had also handed over a towel containing some hairs of the accused appellant to the Investigating Officer which was deposited by the latter at the Police Station. The investigation was later on taken over by S. O. Udaiveer Singh Tomar PW 7 who arrested the accused appellant in village Rahpura Ghanshyam. He allegedly recovered the Gandasa (weapons of offence) at the behest of the accused appellant. A specimen of his hairs was taken and the same as also the towel containing his hairs were sent to forensic department for comparison. They were found to be belonging to one and the same person. Charge-sheet was submitted against the accused appellant who was tried. The defence was of denial. The accused appellant also denied to have handed over the alleged Gandasa to the S. I. He, however, admitted that sample of his hairs had been taken by the police and the same had been sealed.;