- (1.) M. C. Jain, J. Single accused appellant Subhash has preferred this appeal against the judgment and order dated 21-6- 2001 passed by the Additional Sessions Judge, Court No. 3, Aligarh in Sessions Trial No. 660 of 2000 whereby he has been convicted under Section 302 I. P. C. and sentenced to life imprisonment as also with a fine of Rs. 5000/ -. In default of payment of fine, one year's further imprisonment has been awarded.
(2.) IT would be in the fitness of things to start with the broad essentials of the case. The murder of Raj Kumari, own wife of the accused appellant is involved in this case. The incident occurred on 8-12-1999 at about 5. 30 p. m. at the outskirts of village Ghaghauli, P. S. Tappal, District Aligarh. She was allegedly done to death by shooting by the accused appellant. The F. I. R. was lodged the same day at 6. 35 a. m. by Rajendra Singh PW 1 eye-witness (brother of the deceased) after getting it scribed by another eye- witness Rajpal Singh PW 2. The distance of the police station from the place of occurrence was about 15 kms. The deceased was married to the accused appellant in 1990. He was employed as commission agent in a company (Golden Forest) at Ghaziabad. For about one year preceding the incident, he had developed illicit relations with a call-girl Jyoti Sharma and on this account the relations between him and the deceased were embittered. She used to narrate her tale of woe to her mother Shanti Devi and sister-in-law (Rajendra Singh PW 1's wife Mithlesh ). Through them, Rajendra Singh PW 1 had come to know of it. He repeatedly Counselled the accused appellant-Subhash to set his feet on the right path and to desist from his immoral act of illicit relations with another lady, but to no effect. The result was that the frequent quarrels between the accused appellant and his wife Raj Kumari (deceased) continued. Rajendra Singh PW 1 had also got purchased a house at Ghaziabad for his sister Raj Kumari, but the accused appellant started living therein with his concubine Jyoti Sharma. The accused appellant considered his wife (deceased) to be the hurdle in his illicit relationship with Jyoti Sharma. The deceased had even written two letters (Exts. Ka-2 and Ka-3) to his brother Rajendra Singh PW 1, the gist whereof was that her living with her husband had become most difficult. Her husband used to misbehave and assault her in the presence of his concubine Jyoti Sharma, asking her to leave him willingly as otherwise he would murder her because she was a hindrance in his relationship with Jyoti Sharma. Jyoti Sharma also used to taunt that Subhash (accused) belonged to her. She, through these letters, implored her brother to take her to her parental home as she was unable to live there because of extreme torture. These letters were stamped on 19-3-1999 and 5-11-1999 in the post office. On 7-12-1999 Rajendra Singh PW 1 was informed in his village Kilpur through Shyam Singh-husband of his cousin sister Suman that his sister Raj Kumari (deceased) was in her Sasural Ghaghauli and wanted to meet him. He and his cousin brother Rajpal Singh reached Suman's house at Jattari at about 5 p. m. Suman also told both of them that Raj Kumari was in difficulty and they should go to meet her. No conveyance was available at that time for going to Ghaghauli. Therefore, Rajendra Singh PW 1 and his cousin Rajpal Singh PW 2 stayed at Suman's place at Jattari. They started for Ghaghauli at about 4-5 a. m. on 8-12-1999 on a motorcycle. About two furlongs before Ghaghauli, they heard three shots and then saw in the light of motorcycle that the accused appellant Subhash was standing with pistol in his hand; a scooter was parked nearby on the seat of which Sobhit aged about 3 years (Bhanja of Rajendra Singh PW 1 and son of the deceased and accused) was sitting; Raj Kumari was lying nearby badly injured. He and Rajpal were completely unnerved sighting it and immediately went to P. S. Tappal. Rajendra Singh lodged the F. I. R. at 6. 35 a. m. after getting it scribed by Rajpal Singh. The chik F. I. R. was prepared and the case registered.
(3.) THE investigation was taken up by S. O. J. P. Bansal. He, accompanied by S. I. V. P. Singh PW 5, reached the spot and busied with the activities related to the investigation of the case. Panchayatnama of the dead-body of the deceased was prepared by V. P. Singh PW 5 under the supervision of I. O. J. P. Bansal, S. O. After being sealed, the dead-body was sent for post-mortem. THE post-mortem was conducted on 9-12-1999 at 8 a. m. by Dr. Syed Mohammad PW 3. THE deceased was aged about 30 years and about I day had passed since she died. THE following ante-mortem injuries were found on her person: (1) A firearm wound of entrance 2 cm x 2 cm x abdominal cavity deep. 5 cm above umblicus on left side abdomen at 1 O'clock position, margins inverted, burning, tattooing present. Swelling on back of right side chest 7 cm below lower end of scapula and just lateral to vertebral col, Pieces of wadding one tickli and 20 pellets recovered embedded in subcutaneous tissue, sealed and handed over to accompanying constable. (2) Firearm wound of entrance 3 cm x 2 cm through and through on left side chest 8 cm infero lateral to nipple at 5 O'clock position, margins inverted. Burning and tattooing present. Wounds of exit multiple in number in area of 7 cm x 5 cm, marging averted. Wounds measuring 0. 2 cm x 0. 2 x through and through and 1 cm x 1 cm x through and through. Wounds of exit were on back of left side chest 5 cm below lower end of scapula and just lateral to vertebral column. (3) Oblique stripping mark of firearm burning 10 cm x 3 cm on right sub costal margin and adjacent abdomen. (4) Contusion 2 cm x 2 cm on right side mandible just lateral to chin. (5) Abrasion 3 cm x 1 cm on right side just above clipper bone. After investigation the accused was booked for trial. At the trial, the prosecution in all examined five witnesses. Out of them Rajendra Singh PW 1 and Rajpal Singh PW 2 were the eye-witnesses. Dr. Syed Mohammad PW 3 had conducted autopsy on the dead-body of the deceased.;