O.P.Mehrotra, J. - (1.) THIS appeal has been filed by Rajendra Prasad against the order dated 29-6-1977 passed by the Sessions Judge, Kanpur Dehat convicting him for the offence of murder under section 302 IPC and sentencing him to imprisonment for life.
(2.) THE appellant is said to have committed the murder of his wife Smt. Phoolmati, aged about 20 years, by strangulating her in the ground-floor room of her fathers house no. 301 Rail Bazar P. S. Cantonment, Kanpur City on the night between 13/14th January, 1976. There is no dispute that Smt. Phoolmati was daughter of Manni Lal PW 3 and was married to appellant Rajendra Prasad in March, 1972. Manni Lal was resident of house no. 301 Rail Bazar P. S. Cantonment Kanpur City while appellant Rajendra Prasad resided with his parents and brother at house no. A 19 Shanti Nagar P. S. Cantonment Kanpur. It is alleged by the prosecution that Smt. Phoolmati lived cordially with the accused at her father-in-law's house for some time but thereafter her mother-in-law, sister-in-law and brother- in-law (Dewar) started ill-treating her. She was vigorously assaulted so much so that she suffered fracture in one of her legs. Thereupon her father Manni Lal PW 3 brought her to his house in Mohalla Rail Bazar. Smt. Phoolmati lodged a report regarding this occurrence against Virendra Singh and Kamla (her brother-in-law and mother-in-law) under sections 323, 504 and 506 IPC on 26-6-1973 (vide copy of the G. D. Ex. Kb-7). She also filed a complaint in that regard. The accused also gave a notice to his father-in-law Manni Lal on 23-8-1973 alleging that he had taken away his wife along with all the ornaments and was not allowing her to come back. Thereafter the father of the accused also filed a complaint under section 420 IPC against Manni Lal. According to the prosecution, this was a false complaint filed with a view to create defence for the complaint already filed by the deceased. Both these complaints were pending when this occurrence took place. It it further alleged that about 9 months before the incident in question, accused Rajendra Prasad approached his father-in-law, begged to be excused and requested that either Smt. Phoolmati be sent with him or he may be allowed to live with his wife in her father's house. Manni Lal refused to send Smt. Phoolmati but he permitted the accused to live with his wife in the ground-floor room of his house no. 301 Rail Bazar. Thereafter the accused started living in the ground-floor room of that house along with his wife. It is, however, said that very often quarrels used to take place between the accused and the deceased and that on the night of 13-1-1976 also, there was some altercation between the accused and the deceased till about raid night, during the course of which the deceased had threatened that he would, kill her. However, at the intervention of Manni Lal, and others they stopped quarreling.
(3.) THIS occurrence is said to have taken place on the same sight some time after mid night and before 3 A. M. in the same ground-floor room, in which the accused had started living with his wife. There is no eye witness of the actual commission of this murder. The medical evidence shows that the deceased was strangulated. It is further said that at about 3 A. M. the accused opened the door of that room and came out whereupon Chhedi PW 2, who resided in another room of the same house, was awakened from sleep and asked who was there. The accused replied that it was he. Chhedi thought that the accused had gone for urination. Thereafter at about 4 A. M. Smt. Chhidana PW 1, who was sister of the deceased and lived with her husband in the back portion of house no. 301 Rail Bazar, came to the room and called Smt. Phoolmati as she wanted her to accompany for taking bath in the Ganges on the occasion of Makar Sankranti. There was, however, no response to the calls of Smt. Chhidana. She then tried to tap the door and found the same open. She went inside the room and found Smt. Phoolmati lying wrapped in a Rajai and blanket on the cot. When she uncovered her face, she found her dead with marks of nails on the neck and her tongue was protruding out. She raised alarm whereupon Chhedi PW 2, Hori Lal, Darshan, Manni Lal PW 3 and his wife came running. Smt. Chhidana was informed that there was an altercation between the accused and the deceased till about mid night, during the course of which the accused bad threatened to kill her. She was also told that the accused had left the house in the night at about 3 A. M. In the morning Smt. Cnhidlana along with her father went to P. S. Cantonment and lodged first information report Ex. Ka-1 of this occurrence at 6.30 A. M. A case under section 302 IPC was registered and investigation was taken up by S. I. Karan Singh Sengar PW 8. He sent S. I. Y. P. Sharma PW 5 of out-post Rail Bazar, who was present at the police station, to the spot for holding inquest. S. I. Y. P. Sharma reached the spot at 7.15 A. M. He found the dead body lying on the cot in the room He hold inquest and prepared inquest report and other papers Ex. Ka-3 to Ka-5. After recording the copy of the first information repeat and G. D. in the case diary, S. I. Karan Singh left for the spot at about 8.15 A. M. At the spot, he recorded the statement of Smt. Chhidana and then inspected the spot and prepared site-plan Ex. Ka-8. He recorded the statements of Darshan, Chhedi PW 2, Hori Lal, Manni Lal PW 3 and other witnesses. Subsequently on the same day, he recorded the statement of Sharda Prasad PW 6, who gave evidence of extra judicial confession made by the accused to him. He searched for the accused on that day as also on the next day (but he was not available. He, therefore, submitted a report against him .under sections 82/83, CrPC and after obtaining warrant on 20-1-1976, he again searched for the accused but he was not available. On the same day, viz. 20-1-1976, accused Rajendra Prasad surrendered before the court and on the same day, the investigating officer submitted charge-sheet Ex. Ka-9 against him.;