- (1.) Heard learned counsel for the appellant-State, learned counsel for the respondent and perused the record.
(2.) Challenge in this appeal is the judgement and order dated 25.07.1981 passed by the Sessions Judge, Bahraich in Sessions Trial No.120 of 1981 under section 302 Indian Penal Code by which the learned Sessions Judge has acquitted the accused- respondent.
(3.) Brief facts of the case are that the respondent had committed murder of his wife Smt. Mahrul Nisa inside his house on 25.01.1981. Rashid Ahmad and Mehndi Hasan (PW-1 and PW-2) were going out of the village to ease themselves while the other witnesses Gulam Rasool and Saifuddin were returning from Bijpari. When these witnesses reached near the house of the respondent, they heard the alarm from inside his house, upon which all of them went inside the house of the respondent. Rashid Ahmad was having a Torch which he had flashed it at the accused and saw that he was attacking by axe upon his wife, who was at that time lying dead on the ground. The respondent was intercepted by the witness and was brought to the police station where the first information report was lodged. After investigation, the charge-sheet was filed and the respondent was charged for the offence punishable under section 302 Indian Penal Code. In the medical examination, the following injuries were found on the person of Smt. Mahrul Nisa: i. Incised wound 8 cm x 3 cm x bone cut just below chin margins regular clean cut. ii. Incised wound 12 cm x 3 cm x bone cut on right side neck 3 cm below right ear. Margins are regular / clean cut. iii. Incised wound 3 cm x 1 cm x bone deep 6 cm below chin, margins clean cut regular. iv. Incised wound 8 cm x 21/2 cms x bone cut on left side neck 2 cms below left ear - margins clean cut regular. v. Incised wound 8 cm x 3 cms x bone cut on left ear, margin clean cut regular. vi. Incised wound 4 cm x 2 cms x bone deep on back of neck 8 cms above right shoulder. Margins clean cut regular. vii. Incised wound 4 cms x 11/2 cms x bone deep on right forearm posterior surface 8 cms below elbow joint margins clean cut regular. viii. Superficial burn injuries 7 cms x 5 cms on right ankle and foot." 1. Prosecution had examined Rashid Ahmad PW-1, Mehndi Hasan PW-2; and Gulam Rasool PW-3 as the witnesses of fact while Dr. M. Shamim PW-4; Sub-Inspector Ram Chandra Gupta PW-5; and Constable Clerk Arjun Prasad Tewari PW-6 have proved the medical examination report; the investigation as well as lodging of the First Information Report.;