- (1.) K. S. Rakhra and R. K. Rastogi, J. This is an appeal under section 374 (2) Cr. P. C. by appellants Meghraj, Man Singh, Damber Singh and Basdeo against the judgment and order dated 7. 3a981 passed by IX Addl. Sessions Judge, Agra in S. T. No. 147 of 1980, convicting the appellants under section 302/34 IPC and sentencing them to imprisonment for life.
(2.) THE incident relates to village Mundiapura within police circle Achchnera of district Agra where on 18. 6. 1979 Smt. Omwati, a young lady of 25 years wife of Omveer and daughter of Gangadhar P. W. I was stabbed and done to death. THE prosecution claims that the incident took place at about 1 a. m. in the night near the Chaupal of appellant Damber Singh resident of same village and the lady was killed by the present appellants. THE incident was said to have been witnessed by her brother Cha-ran Singh P. W. 2 and real uncle Gopal Singh P. W. 4. Her father Gangadhar had gone to attend some marriage in some distant village. THE information about the incident was sent to him through one Brij Pal and on the information being received, Gangadhar returned to the village and the incident was narrated to him by his brother, his son and eye-witnesses. On the basis of this, he lodged the report (Ex. ka-2) prepared by Sobaran Singh at the police station on 18. 6. 1979 at 9. 05 hours. In the FIR it was stated by him that the deceased Omwati was married to Omveer of village Ohara. There was some matrimonial dispute between husband and wife. She was beaten-and was pushed out of the house by the in-laws about 8-9 months prior to the date of incident. After some time the in-laws tried to bring her back but the informant Gangadhar refused to send her back. The in-laws then gave threat to Gangadhar of dire consequences if Omwati was not sent to her matrimonial home. On the fateful day, the informant had gone to village Barahkhurd to attend one marriage and in his absence the deceased Omwati had gone to attend a marriage at the house of Durg Singh in village Mudiapura. Incidentally, there were several marriages on that day in different houses in village Mudiapura. After attending the marriage at the house of Durg Singh, she was going to see Baarat at the house of Pema Khatik and in the way she was intercepted by all the appellants near the Chaupal of appellant Damber Singh. They caught hold of her and pulled her towards "babool" tree standing by the side of passage. When she raised alarm it attracted the attention of Gopal Singh P. W. 4, Charan Singh P. W. 2, Nahar Singh and some other persons who were also passing through the same passage at that time. It was 1' O clock in the night. These people saw that appellants Damber Singh and Man Singh son of Pratap Singh caught hold of Omwati and other appellants Meghraj and Basudeo made assault on her with knife. All this was seen in the light of torches which Charan Singh and Gopal Singh were carrying. After the assault, the culprits ran away leaving the victim on the spot in injured condition. Her brother and uncle and other witnesses who had seen the occurrence and were present on the spot then brought the victim to the house of first informant. They tried to make arrangement of transport for carrying the victim to the hospital but could not succeed. In the mean time at 5' O clock she died due to injuries suffered by her. Information of this was conveyed to Gangadhar through Brij Pal. It was also mentioned in the FIR that on the spot, cycle, towel, scarf and "baniyan" are lying. H. C. Raghunath Singh P. W. 6 registered the report as crime No. 116 of 1979 under section 302 I PC against the four accused. Initially the investigation was taken up by Sri Rav Singh P. W. 3 who had gone to the place of occurrence and had held inquest. Thereafter investigation was taken over by Sri Babu Lal Sharma P. W. 7 on the same day.
(3.) THE dead body of Omwati was sent for post-mortem examination through Naresh Kumar and the autopsy was performed by Dr. Laxmi Narain Sharma P. W. 8 on 19. 6. 1979 at about 4 p. m. The doctor found the following ante-mortem injuries on the body of deceased:- 1. Stab wound 3/4" x 4/10" x chest cavity deep. 4" above right nipple on chest. 2. Stab wound 1/2" x 3/10" x chest cavity deep 1/2" below injury No. 1. 3. Stab wound 1/2" x 3/10" x abdomen cavity deep right side abdomen.;