IMTIYAZ MURTAZA, J. - (1.) THE present appeal has been filed against the judgment and order dated 27 -10 -2004 passed by IV Additional and Sessions Judge, Meerut in S.T. No. 694/93 whereby the appellants has been convicted under Section 302 I.P.C. and sentenced to undergo rigorous imprisonment for life.
(2.) THE brief facts of the case is mentioned in the first information report lodged by Moti Lal are that he was working in the Diwan Rubber Factory, Rithana. About one and a half year back he alongwith his wife Rita Devi was living in the house of Ramji Lal in village Rithani. Shanker Yadav s/o Ram Nath r/o Chapa P.S. Chapa District Bilaspur, Madhya Pradesh works in Rithani Bolt Factory. He also lives in the same house. About ten days back in his absence Shanker Yadav has caught hold of the hand of his wife Rita Devi with an intention of molesting her and she has scolded him. His wife has told him about this occurrence. He has informed his brother -in -law Keshav Prasad s/o Hari Ram Nai, who also works in his factory. In their presence Shanker Yadav has apologized with folded hands with his wife Rita Devi. It is further stated that on 8 -8 -92 at about 11 p.m. he has gone to his factory. His wife Rita Devi was sleeping in Verandah in front of his room and his sister Suraj Mati, who was unwell, was sleeping inside the room. In the morning he returned at about 7.15 a.m. from his duty and saw his wife sleeping under the mosquito net and his sister Suraj Mati was inside the room. She has asked him to open the latches of the door from outside. He opened the latches and his sister came out of the door and started crying and told him that in the previous night at about 12.30 p.m. Shanker Yadav had come near the cot of Rita Devi for committing illicit act and as he tried to commit the same her sister -in -law pushed Shanker Yadav who fell on the ground. She had also raised alarm and she was standing at a short distance near the cot. Shanker Yadav felled his sister -in -law on the ground and shut her mouth and she became unconscious. Shanker Yadav laid her on the cot and tried to commit rape. His sister -in -law resisted and thereafter Shanker Yadav strangulated her with the bed -sheet. She further stated that Shanker Yadav had bolted the latches of her room from outside and due to this reason she could not come out.
(3.) SHANKER Yadav had left the place after placing the mosquito net on the cot. It is further alleged in the report that she had witnessed the occurrence in the electric light. He alongwith his sister saw his wife after removing the mosquito net and found his wife lying dead on the cot. Thereafter he went to Keshav Prasad and narrated the occurrence and lodged the report.;