M.C.Jain, J. - (1.) The appellant Ram Sanehi son of Khem Karan alias Nand Lal has sent this appeal from jail against his conviction passed on 16.9.2002 by Additional Sessions Judge, Court No. 8, Pilibhit in S.T. No. 328 of 2000 under Section 302 I.P.C. with sentence of life imprisonment and payment of fine of Rs. 5,000/-. In default of payment of fine, two months additional simple imprisonment has been awarded. As the appellant had no pairokar or counsel, Sri Dharmendra Singhal, Advocate was appointed amicus curiae to argue out the appeal on his behalf. We have heard him and Sri M.S. Yadav, learned A.G.A. from the side of the State. The record has been summoned which we have perused.
(2.) The incident occurred on 20.4.2000 at about 1.00 P.M. in village Amrita Khas, Police Station Bisalpur, District Pilibhit and the F.I.R. was lodged the same day at 4.00 P.M. by Bhagwan Das Gangwar, husband of the deceased. The distance of the police from the place of occurrence was about 8 kilometres. The accusation was that the accused appellant was working as a servant of the informant since about 2 1/2 months before the incident. Two days earlier to the occurrence, the informant's wife (deceased) had scolded the accused-appellant. On the eventful day and time, the informant and his servant Ram Sanehi (accused-appellant) were irrigating the crop of Barseem by operating engine installed in the Gher. At about 1.00 P.M., Ramwati (wife of the informant-Bhagwan Das Gangwar) came in the Gher with clothes to wash them off. Ram Sanehi went inside the room and took out a Banka (meant to cut sugarcane sticks) and started assaulting Ramwati therewith. Informant raised shouts and attempted to save his wife but Ram Sanehi threatened him with Banka. The witnesses Jagannath Prasad and Ram Asarey Lal PW 2 were attracted by the shouts. The accused committed murder of Ramwati by chopping off her neck with the Banka. He was apprehended with the Banka at the spot wherewith he was taken to the police station. The informant Bhagwan Das PW 1 lodged written F.I.R. there. A case was registered by constable Chet Ram PW 3 who scribed the chick. G.D. entry was made by Head Constable Ram Das Singh PW 6 regarding the registering of the case and depositing of Banka at the police station. The investigation was done by S.I. Sobran Singh PW 5. The dead body was sealed and sent for post mortem. The post mortem over the dead body of the deceased was conducted by Dr. Bhagwan Das on 21.4.2000 at 3.00 P.M. After conclusion of the investigation, charge-sheet was submitted against the accused-appellant.
(3.) The defence was of denial. At the trial, the prosecution in all examined six witnesses. Out of them, eye-witnesses were Bhagwan Das Gangwar PW 1 and Ram Asarey Pal PW 2.;