- (1.) Sri Raj Priya Srivastava, learned counsel for the appellants and Sri Umesh Verma , learned Additional Government Advocate for the State have been heard at length and we have perused the material available on record.
(2.) The instant appeal, filed by accused/appellants U/S 374 Cr.P.C., is directed against the judgment and order dated 28.8.1982 passed in Sessions Trial No. 223 of 1981 by Sri A.S. Tripathi, the then IIIrd Addl. Sessions Judge, Faizabad, whereby the appellants were convicted U/S- 302/34 and 201/34 I.P.C,. and sentenced to undergo imprisonment for life and rigorous imprisonment for five years respectively. Brief Facts, giving rise to the present appeal, are as under:- On 16.6.1980 at 09.30 P.M. Sharda Prasad Misra handed a written report at P.S. Raunahi stating therein that he was resident of village Misrauli. Bhagwati Prasad also lived in his village. On 09.6.1980 in the evening he brought one pair of bullocks after purchasing them from the market, thereafter his whereabouts were not known. On 10.6.1980 in the morning Sobh Nath and Ram Prasad were seen by Sukh Dev Prasad, Dev Prasad and Ranjit Prasad, leaving his house, when inquired wife of Bhagwati used to reply that Bhagwati had left the house after saying that he was going to Bombay. That day the foul smell was coming out of the house of Bhagwati, when residents of the village asked her where was Bhagwati and why foul smell was coming out, at that she closed the door from the inside and refused to open. Wife of Bhagwati had illicit relations with Sobh Nath and that fact was known to all the villagers. All the residents were suspicious that Bhagwati had been murdered by his wife, Sobh Nath and Ram Prasad and his dead body was concealed in his house. Sobh Nath was not available in his house. Jamuna Prasad and other villagers were watching the house. At this written report, chick F.I.R. was scribed and Case Crime No. 201 of 1980 was registered, requisite entry in the G.D. was made, thereafter investigation was entrusted to S.I. Bhagwati Prasad, who on the same night proceeded to the village and get the door opened by Appellant No.1, who immediately confessed that 08 days ago she with her paramour Sobh Nath and his friend Ram Prasad had murdered Bhagwati Prasad and after putting his dead body in a gunny bag hidden it in a pit dug at Ghoora (place for storage of garbage to convert that into bio fertilizer), she also volunteered to indicate the place where the dead body was hidden, she was immediately taken into custody and she led the Investigating Officer along with residents of village following, to Ghoora situated in the courtyard inside the house. After placing her hand at a particular point, she started to remove the garbage with her hands, foul smell was coming from there . She told that the dead body was hidden in deep pit whereafter with the help of residents of the village garbage was removed. After removal of garbage, one tied gunny bag became visible which was taken out, after seeing the gunny bag Appellant No.1 informed the Investigating Officer that inside that gunny bag dead body of Bhagwati Prasad had been kept. After opening the gunny bag the decomposed dead body was recovered, the deceased was wearing one Kurta, his dead body was taken into possession, gunny bag, panni and Rassi were sealed in a bundle and recovery memo was prepared, it was written and signed by the Investigating Officer and witnesses, copy was provided to the Appellant No.1, thereafter Appellant No.1 further volunteered the Investigating Officer that deceased was murdered with the help of Pestle (Iron Mungari) and Brick which were hidden in a kothari (Small room) after placing them in a bucket. She went, with them, to the kothari in question whose door was locked, she took out a key and opened the lock and went to southern side of kothari and took out one blood stained iron Pestle and one open piece of Brick following mark R(Swastik) out of the bucket. After taking these articles into possession, securing them in a sealed bundle, recovery memo was prepared, when it was signed, one copy was provided to the Appellant No.1. Thereafter Investigating Officer conducted investigation and took the other necessary steps, witnesses were examined and charge sheet was submitted against the Appellants.
(3.) The Magistrate took cognizance of the offences and after complying with the mandatory requirements, committed the case to the Court of Session where the appellants were charged U/S 302 read with Section-34 and 201 I.P.C. The appellants pleaded not guilty and claimed trial. The prosecution filed documentary evidence and also adduced oral evidence. In the documentary evidence written report Ext. Ka-1, Recovery memo Ext. Ka-2 to Ka-4, Inquest report Ext.Ka-5, Postmortem Report Ext. Ka-6, Chick F.I.R. Ext. Ka-7, copy of Rapat No. 29 of G.D. dated 16.6.1980 Ext. Ka-8, Site Plan Ext. Ka-13, copy of G.D. dated 17.6.1980 regarding arrest of Appellant No.1 and deposit of articles in the Malakhana recovered from the place of occurrence Ext. Ka-13 are very material to the case. In oral evidence Sharda Prasad Misra P.W.1 (first informant), Ram Kumar P.W.2- son of the deceased and Appellant No.1 (eye witness), Sunder Singh P.W.3 independent witness of the recovery memos, Dr. R.P.Misra P.W.4 who conducted the post mortem examination on the dead body of Bhagwati Prasad and S.I. Bhagwati Prasad P.W.5 Investigating Officer of the case were examined.;