R. A. Misra, J. - (1.) THESE appeals arise out of the judgment and order dated 8-12-1981 passed by Sri R. S. Agrawal, Sessions Judge, Hardoi, convicting the appellant Murli under Section 302 IPC and sentencing him to undergo imprisonment for life.
(2.) THE facts which have given rise to these appeals are briefly put as below :-THE accused appellant Murli is a resident of village Ebrahimpur, P. S. Mallawan in the district of Hardoi. THE deceased Smt. Angna was his wife. Babu Lal (PW 1) real brother of Smt. Angna visited Ibrahimpur on 26th of January 1962 to invite his sister for participation in a Bramh Bhoj which was to take place at his residence. THE appellant: Murli as usual refused to permit her to go to her parents house. Consequently a quarrel followed. Babu Lal stayed at Murli's residence, and it so appears Smt. Angana continued to persue her husband to permit her to leave along with his brother for participation in the Bramha Bhoj. Babu Lal heard a quarrel between the two at about 4 P. M. on 27th of January 1962 and pacified the couple to be calm and adjourn the matter to be considered after sun-rise. Smt. Angana then after some time came to Babu Lal and asked him that they should leave for Raja Umri the village where the Bramha Bboj was to take place. THE appellant insisted that be would not permit her to go and assaulted her with a Khurpi. Smt. Angna received two injuries and succumbed to hex injuries stantaneously. THE cries raised by Babu Lal attracted Durjan (PW-2), Chhedan (Since deceased) and some other persons who reached the scene of the occurrence to find the appellant running away along with the Khurpi. Babu Lal lodged FIR at the Police Station Mallawan at 10.45 A. M. on the same day. THE distance of the P. S. is 7 miles from the scene of the occurrence. THE accused remained absconded till 4-6-80 for about 18 years when he was arrested. THE deposition of the Medical Expert Dr. B. S. Darbari and Chhedan was recorded under Sec. 512 CrPC (old) (Section 299 Mew). Sri Chhedan expired a few years before the commencement of the trial and the presence of the Medical Expert could not be procured without delay,, so their evidence recorded under Sec. 512 CrPC (old) was tendered and admitted in evidence. THE prosecution examined Babu Lal (PW-1), Durjan (PW-2), as witnesses of fact. The accused pleaded not guilty and stated that he remained absconding because his children were minor and appeared when they became major. The learned Judge on a consideration of the entire evidence arrived at the conclusion that the offence punishable u/Sec. 302 IPC is proved beyond doubt against the appellant. He has consequently convicted and sentenced him for the same. He has felt aggrieved and preferred one appeal from Jail and another through his counsel. This judgment governs both the appeals. It is proved from the deposition of Indrapal Singh, S. O. Mallawan that the appellant remained absconding for a very long period and his attendance could not be procured even after the proceedings u/Secs. 87 and 88 CrPC. He was arrested by Mahabir Singh constable: of police station Mallawan on 4-6-80. The appellant has not denied the factum of his remaining absconding for such a long period and the explanation offered for the same by him is wholly unsatisfactory. He says that as his children were minor when he was roped in this case, so he remained absconding till the children attained the age of majority.
(3.) IT is proved that as the accused appellant was absconding, so the depositions of Dr. B. S. Darbari and Chhedan were recorded in the absence of the accused. IT is proved that Chhedan eapired long before the commence- ment of the trial against the appellant the pnesence of the medical expert who conducted the post-mortem examination could not be procured without any amount of delay. So the depositions of Chhedan and Dr. B. S. Darbari were tendered in evidence u/Sec. 512 old CrPC and read in evidence against the accused. The learned judge was perfectly justified in making use of the depositions of Chhedan and Dr. Darbari under the provisions of Section 512 old and 299 new CrPC. The evidence of Dr. B. S. Darbari Ext. Ka-15 and post-mortem examination report Ext. Ka-14 fully corroborate the prosecution story that Smt. Angana succumbed to the two injuries in early hours of 27-6-62. The medical evidence further corroborates the prosecution story that the two injuries found on the dead body which were the cause of death could have been caused by a Khurpi. The medical (sic) story regarding the date and time of the occurrence as well as the weapon used in causing the death.;