M.C.Jain, J. - (1.) The appellant Ramji Lal has preferred this appeal against the judgment and order dated 28.1.1982 passed by the Sessions Judge, Aligarh in Sessions Trial No. 86 of 1981 convicting him under Section 302 I.P.C. with sentence of life imprisonment.
(2.) We set out the relevant facts for the appreciation of succeeding discussion. The incident took place on 12.11.1980 at about 11 AM inside the own house of the accused appellant in village Rohina Singhpur, P.S. Akrabad, District Aligarh and the F.I.R. was lodged the same day at 11.30 AM by one Man Singh PW 1. The appellant is the father-in-law of the deceased Krishna Devi who was married to his son Raj Kumar. As per the F.I.R., Man Singh PW 1 resident of the same village had gone to the house of village Pradhan Om Prakash Singh at about 11 AM. on the fateful day. He did not find him there and was coming back via a lane. On reaching in front of the house of Gandharva Singh, he heard two shots emanating from the direction of the house of Ramji Lal. He rushed towards the said house and saw him (Ramji Lal) coming out of his house with DBBL gun in hand and walking away in haste. When accosted, Ramji Lal did not reply and went ahead. Man Singh went to the courtyard of the house and saw that Krishna Devi wife of Raj Kumar son of Ramji Lal was lying dead in the room near window] (Jangla). Several other persons of the village also arrived. Two empty cartridges were lying there. An attempt was made to apprehend Ramji Lal but he slipped away towards Aligarh in a tonga. It was also mentioned in the F.I.R. that about 1 years earlier, the deceased was married to Raj Kumar. She was the daughter of Kushal Pal Singh of village Gangapur. The Sasural of Man Singh (informant) was also in that village and he had acted as a mediator in the settlement of the said marriage. Ramji Lal had demanded dowry of Rs. 10,000/- but only Rs. 3,000/- were paid to him by Kushal Pal Singh who got prepared ornaments for his daughter (Krishna Devi) of the remaining amount. Ramji Lal used to demand those ornaments, but Krishna Devi had kept the same at her father's place. Ramji Lal was annoyed with Krishna Devi on that score. In the morning of the date of incident also, Ramji Lal asked his son to leave the lady at Gangapur, saying that he would not allow her to remain in his house. A quarrel had taken place between the father and son on that account. Raj Kumar accused had caused a bite to his father and fled away. Taking advantage of this situation, Ramji Lal shot dead his daughter-in-law Krishna Devi with his licensed gun and bolted away therewith.
(3.) On the lodging of the F.I.R., constable clerk Shiv Mangal Singh PW 4 prepared a chik report and made entry in the G.D., registering the case. The investigation was taken up by Lal Singh Tyagi PW 8, Station Officer of P.S. Akrabad who recorded the statement of the informant and then reached the spot, busying himself with the activities related to the investigation of the case including preparation of the site plan, inquest report etc. The dead body after being sealed was sent for post mortem through Constable Vijendra Singh PW 5. The autopsy was conducted by Dr L.K. Shukla PW 6 M.O. in Malkhan Singh hospital, Aligarh on 13.11.1980 at 1.30 PM. The deceased was aged about 20 years and about one day had passed since she died. The following two gunshot wounds of entry as ante mortem injuries were found on her person: 1. Gunshot wound of entry 11/4" x 1" x cavity deep on epigastric region, 7" above umblicus. Margin inverted. Blackening and tattooing was present. 2. Gunshot wound of entry 1" x 1" x cavity deep (chest) on left side back, middle upper part.;