N.L.Ganguly, J. - (1.) APPELLANT Anis has been convicted under Section 302, I.P.C. and sentenced to life imprisonment by the Court of Sessions Judge, Muzaffarnagar in S. T. No. 254 of 1979. APPELLANT Anis is resident of Kandhla Town, P. S. Kandhla, Distt. Muzaffarnagar. Charge under Section 302, I.P.C. simplicities was framed against him for committing murder intentionally and knowingly causing the death of Km. Kela on 28.7.79 at 11.30 a.m. in gali near Ramlila Mandap in Town of Kandhla P. S. Kandhla. The appellant pleaded not guilty and was tried by the court below.
(2.) F.I.R. dated 28.4.79 was lodged at P. S. Kandhla at 1.30 p.m. by Dhannu Prasad. It was stated in the F.I.R. that the informant's daughter Kela at 8 O'clock in the morning had come to work in the town. After finishing work at 11.15 a.m., she had gone to bring breads. At about 11.30 a.m., when she had reached Ramlila Mandap in the lane, appellant Anis s/o Nisar who had taken the flour mill of Masood on contract, started teasing her. Kela gave out that she would beat him chappal if he tried to misbehave with her. The appellant stopped her and tried to take her in his grip. Kela resisted and abused him. The appellant Anis attacked on her with a knife. On the shrieks raised, Raj Kumar Sharma, Sanwaria, Sewat, Lilaram and other persons came from nearby places. On seeing the witnesses, appellant Anis left Kela and ran away. The witnesses chased him but could not apprehend him. The informant took Kela to the hospital where the Doctor declared her to be dead. On the basis of the F.I.R. Dhiraj Pal P.W. 7. constable of P. S. Kandhla had registered the case in the G.D. under Section 302, I.P.C. against the appellant. P.W. 9 Rana Pratap Singh, S.I.was present at that time at the police station. The investigation was entrusted to him. S. I. Rana Pratap Singh interrogated the Clerk constable Dhiraj Pal at the police station. He went to the hospital, found the dead body of Kela there, prepared the inquest report and sent the dead body, to the mortuary, through constables Malkhan Singh and Mohan Lal. He interrogated Dhannu, Sanwaria, Sewat and Lila Ram. He went to the spot, prepared the site plan of the place where Kela victim was assaulted. Bloodstains were found in the gali in front of Ram Lila Mandap. Sample of blood stained and plain earth were taken, sealed them in separate container, recovery memo was prepared. In the lane, bread, gur, aluminium katori, vegetable of potato, one pair of chappal and a tokri were found. The said articles were taken in custody and a memo in respect of the same was prepared. The accused was searched but he was not traceable. The appellant was arrested later and was also interrogated. The investigation was given to the Station Officer of Police Station on 1.5.79. The I.O., S. O. Sri Rajendra Singh sent the articles recovered Le. blood stained earth, plain and simple earth, etc. to the Chemical Examiner for opinion and after completion of the investigation, charge-sheet was submitted. The dead-body of the victim Kela was sent for post-mortem examination at about 1.30 p.m. and Dr. R. K. Sharma P.W. 8 found the following ante-mortem injuries on the dead body : 1. Incised wound 2" x 1 1/4 x muscle deep on the right arm back lower third, directed from inner to outer. The margins were clean cut. 2 Stabbed wound 1" x 1/2 x muscle deep on left border of epigastrium, 4" above the unblicus. The margins were clean cut and regular. The wound was directed from outward to inward. 3. Stabbed wound 1" x 1/2 x cavity deep on the back left side, 2" medial from inferior angle of left scapula. Margins were clean cut and regular. 4. Stabbed wound 1" x 1/2 x muscle deep on the back left side 3 1/2" above inferior angle of left scapula. Margins were clean cut and regular. On internal examination, the doctor found the left pleura punctured. The upper lobe of the left lung was punctured. The chest cavity contained two pound of blood. The doctor has deposed that these injuries were sufficient in the ordinary course to cause death. The death was due to shock and haemorrhage as a result of the above mentioned injuries.
(3.) FORMAL witnesses were also examined to prove the link evidence about sealing of the dead body in cloth and taking the dead body to the Doctor for postmortem examination. The prosecution examined three-eye-witnesses namely P.W. 2 Raj Kumar Sharma, P.W. 3 Lila Ram and P.W. 4 Samaria, besides formal witnesses. P.W. 1 Dhannu is informant, the father of the deceased Kela. He is a scavenger by profession. He stated that his daughter Kela had gone to attend her duties cleaning the toilets in the town. She was coming after her work, and gone to fetch bread, she had collected the bread at 11 a.m. from the house of Mithu nai and at about 11 a.m. she has reached near Ram Lila Mandap where Anis appellant, who had taken the flour mill for running on contract was there. Anis had tried to tease and misbehave with her. The witness stated that the deceased Kela had said that if he misbehaved, she would beat him with chappal. Anis caught hold of her, Kela abused, Anis inflicted knife injuries to her. The occurrence of assault on Kela was witnessed by Raj Kumar, Samaria, Lila Ram, Sewak and others. At the time of occurrence, P.W. 1 Dhannu had gone near Jama Masjid where he learnt that Anis had assaulted Kela with knife. He rushed to the place, Anis was not there. When Dhannu had reached the place of occurrence, Kela was still alive but was speachless. Witnesses Raj Kumar Sharma, Sanwaria, Sewak and Lila Ram are said to have witnessed the occurrence. He had taken his daughter to the hospital where the Doctor declared her to be dead. He proved the F.I.R. lodged at the police station which has been marked as Ext. Ka. 1. He has also proved the chappal, aluminium katori, clothes and the basket which Kela used to carry every day.;