- (1.) G. S. N. Tripathi, J. The then IVth Addl. Sessions Judge, Bulandshahr held the accused Prabhu Singh guilty on a charge under Section 304, Part-1, I. P. C. and sentenced him to undergo R. I. for a period of 10 years. This judgment was recorded by the learned Addl. Sessions Judge on 23rd January, 1980 in S. T. No. 445 of 1979, State v. Prabhu, Distt. Bulandshahr.
(2.) THE prosecution case started on the basis of a F. I. R. exhibit Ka-1 lodged by the P. W. 1 Amar Singh Chauhan at the Police station on 19-4-79 at 00. 20 a. m. THE incident is said to have taken place on 18-4- 79 at about 10. 30 P. M. THE distance of the police station from the place of occurrence is about 4 furlongs. THE sole accused is the accused-appellant. It has been alleged that the complainant resides with his family near his tea stall in Civil Lines, Bulandshahr near Sainik Bhawan. The accused also resides nearby. He is admittedly, the cousin brother of the complainant and also the husband of his wife's sister (Sarhu ). On 18-4-79 at about 10. 30 P. M. the accused started abusing the complainant and his family members. The complainant and his wife. Smt. Premwati, deceased, tried to dissuade him from doing so. But he did not relent. Nay the accused started kicking and fisting Smt. Premwati, the wife of the complainant. Thereafter, he assaulted her with a brick causing her grave injuries resulting in unconsciousness. She had bled on the spot. Hearing the alarm raised by the complainant. PW-2 Jangi Singh and P. W. 3, Mahendra Jit Sharma apart from several other persons nearby, arrived there. They saw the accused causing injuries to the deceased. The accused was challenged. He ran away with a brick in his hands, threatening the witnesses of dire consequences. The complainant apprehended damage to his other family members including the children. After the exit of the accused, the complainant brought his wife Smt. Premwati to the hospital but the medical examina tion was not done. It appeared that the Doctor has not seriously the injuries of Smt. Premwati. The lady was admitted in the Government Hospital. She was in a precarious state. On the basis of the written information conveyed by the complainant, H. C. Hari Ram Sharma, PW-5, a case was registered in the G. D. on 19-4-79 at 0. 20 a. m. and he prepared the chik exhibit Ka 3 and G. D. Ka 4 respectively. Smt. Premwati died in the hospital on 20-4-79 at 7-10 a. m. Information was received at the police station on 20-4-79. The case was converted into one under Section 304, IPC, vide G. D. entries Ka 5. The investigation was taken in the hands by S. I. Dhanpal Singh PW-9 on 19-4-79 when the case was still registered under Section 308, IPC. He reached on the spot on 19-4-79, collected the blood samples from the spot. Blood stained and ordinary and simple earth and pieces of bricks were collected and kept in a separate containers and selaed and memo Exhibit Ka 9 was prepared. He inspected the spot and prepared the site-plan Ka. 8 Thereafter he visited the District Hospital and wanted to record the statement of the injured. But she was lying unconscious and was not in a position to give statement. Her blood-stained blouse and Saree were taken in possession by him and a memo Exhibit Ka 10 was prepared. After the receipt of the information regarding the death of Smt. Premwati, he reached the Hospital and took the dead body in his posses sion, prepared the relevant papers like Challan Las and Photo Las Panchayatnama and other connected documents. Thereafter, he got sealed the dead body and sent it for post-mortem examination. On 22-4-79, he recorded the statement of Dr. Ram Saran Das, PW-7 and sent the blood-stained clothes and blood-stained earth for chemical examina tion. Thereafter, after completing the investigation, he submitted the charge sheet.
(3.) THE prosecution has examined PW-1 Amar Singh, the complainant, who has unfolded the prosecution story as contained in the F. I. R. Further, he has said that soon after the exit of the accused, he took his wife to the Doctor Ram Saran Das, PW-7 in a rickshaw. He provided first aid and advised him to take her to the Government Hospital for treatment. THEreafter, the lady was taken to Dr. Aquil Ahmad, PW-4, who medically examined her in the same night at 0. 5 a. m. and found three contused wounds, which were, according to him, fresh but simple. THEy could have been caused by bricks even. Pw-2 Jangi Singh is a Chaprasi in the Collectorate, Bulandshahr, where the complainant had been posted as a Peshkar, who resides nearby the place of occurrence. He has given an eye-witness account of the incident.;