V.K.VERMA, J. - (1.) WHETHER an accused can be convicted without any evidence merely on the basis of his admissions/confession made in the examination under section 313 of the Code of Criminal Procedure, is the main question for consideration before us in this appeal, which has been preferred against the judgment and order dated 24.09.1984 passed by the Sessions Judge Moradabad, in S.T. No. 543 of 1983, whereby the appellant-accused Balwant has been convicted and sentenced to undergo imprisonment for life under section 302 IPC.
(2.) THE appellant Balwant was put on trial for committing murder of his wife Smt. Ram Pyari in the intervening night of 6/7-05-1983 at about 4.00 a.m. First Information report was lodged at P.S. Asmauli by Imrat S/o Mokhi r/o Akbarpur Gahra on 07.05.1983. The case of prosecution, as per FIR (Ext. Ka 1), in brief, is that when on hearing the shriekes from the house of Balwant on 07.05.1983 at about 4.00 a.m., the first informant Imarat and Umrao S/o Moli along with Phool Singh S/o Chhuttan reached his house, flashing torch light, they saw that Balwant was throttling his wife Smt. Ram Pyari sitting on her chest and his children were dragging him with a view to save their mother. On reaching these witnesses, Balwant fled away from his house. His wife Ram Pyari died instantaneously on the cot. The first informant Imrat went to P.S. Asmauli and gave oral information about the aforesaid incident. The then constable clerk Natthu Lal Rastogi prepared chik FIR (Ext. Ka 1) and registered a case under section 302 IPC against the appellant Balwant at Crime No. 119/83 on 07.05.1983 at 8.30 A.M. and made entry in GD No. 19 (Ext. Ka 5). On lodging the FIR, investigation was entrusted to S.I. Bharat Singh (P.W.6), who went to the place of incident and conducted inquest proceedings on the dead body of Smt. Ram Pyari, during which inquest report (Ext. Ka 7) and connected papers (Ext. Ka 8 to Ka 10) were prepared and thereafter, the dead body was sent in sealed condition for post-mortem examination, which was conducted by Dr. D.N. Khanna (P.W.5), on 09.05.1983 at 3.30 p.m.. According to the post-mortem report (Ext. Ka 4) the following ante-mortem injuries were found on the person of deceased:- 1. Ligature mark 6 cm. broad in the front of neck, below thyroid cartilage, Continuous on the back and circular. Bruises and abrasions present round about the ligature mark. Base is ecchymosed. 2. Contusion 2 x 2 cm. on the chin 3 cm. below the lower lip. 3. Bruises and abrasions present in an area of 3 x 4 cm. on the outer either side of front of neck. They are clustered together. 3 All] Balwant V. State of U.P. 923 On internal examination, Brain and its Membrances, Larynx, Trachea and Bronchi, both lungs, pleura, Liver and Gall Bladder, both Kidneys and Spleen were found congested. Neck muscles and Neck Blood vessels were lacerated and congested. Clotted blood present in the neck muscles. Fracture of right hyoid bone and right 2-5 ribs was found. The death was caused due to Asphyxia as a result of strangulation (manual and by ligature).
(3.) DURING investigation, site plan (Ext. Ka 14 ) was prepared by S.I. Bharat Singh, who also prepared Fard supurdaginama (Ext. Ka 2 and Ext. Ka 3) of torches. Rest investigation was carried out by S.O. Umesh Chandra Mishra, who after completion of the investigation submitted charge-sheet (Ext. Ka 16).;