- (1.) M. Chaudhary, J. This is a criminal appeal filed on behalf of the accused appellant from judgment and order dated 8th of June, 1983 passed by III Additional Sessions Judge, Fatehpur in Sessions Trial No. 495 of 1981 State v. Bhullu convicting the accused appellant under section 302 IPC and sentencing him to imprisonment for life there under.
(2.) FACTS giving rise to this appeal as unfolded during the trial in nutshell are that Semiya used to reside with Ghasi at village Korka and from their union one daughter named Bhaganiya was born to them. Bhaganiya, daughter of Ghasi resident of Korka was married with Manna resident of village Taura. Both the villages are situate adjacently as village Taura is only at a distance of one mile from village Korka and only one pond and fields are in between the two villages. Since Bhaganiya was the only daughter of her parents and her father Ghasi had died Bhaganiya and her husband Manna used to look after the cultivation of Semiya. Both of them used to go to village Korka daily and return back to village Taura in the evening. Since Bhaganiya was the only daughter of Semiya the latter wanted to give her agricultural land and house to her son-in-law Manna. Rajni, married sister of Semiya used to reside in her close neighbourhood and she had a son named Bhullu. Bhullu wanted to take the agricultural land of his mausi Semiya. He used to quarrel with them now and then. During the night between 23rd and 24th of August, 1978 at about midnight time Bhullu gave knife blows to Semiya who was in her house all alone and as she cried Bhullu ran away after giving her knife blows. Hearing the shrieks of Semiya one Sarju, Parsadi, Ram Khilavan and some others rushed to the scene of occurrence and saw that Semiya sustaining injuries was lying out of the door of her house and her intestine protruding out of the wounds. The co-villagers lifted her and made her lie on a cot in the chaupal. On being enquired she told that Bhullu gave her knife blows. She asked the co-villagers collected there to fetch her son-in-law Manna and daughter. Then Parsadi, Shiv Charan and Sarju went to village Taura and informed Manna and his family members- about the incident. Immediately Manna alongwith his wife Bhaganiya and other family members rushed to the house of Semiya and saw that injured Semiya was lying on a cot in chaupal and she had sustained injuries on her abdomen. On being inquired by her daughter and son-in-law she told them that Bhulla jumped from the roof and overpowered her and pressed her mouth with his one hand and gave knife blows to her with right hand. Since it was rainy season, in the morning Manna and Bhaganiya alongwith some of the co-villagers took Semiya on a cot to police station Sultanpur Ghosh where Manna lodged an FIR of the occurrence with the police at 10:00 a. m. Police station Sultanpur Ghosh was situate at a distance of some eight miles from village Korka. The police registered the crime against the accused under section 307 IPC and made entry regarding registration of the crime in the GD. Immediately SI Chhotey Singh Panwar to whom investigation of the crime was entrusted recorded statement of injured Semiya and sent her to Khaga Hospital with constable Babu Singh for medical examination. It appears that after going a little distance she succumbed to the injuries sustained by her in the incident and then the constable returned back to the police station. The investigating officer who proceeded to village Korka got information on the way from CP Awadh Narain regarding death of Semiya and he returned back to the police station. He drew inquest on the dead body of Semiya and handed over the dead body in a sealed cover along with necessary papers to constable Babu Singh and village chawkidar Ram Avtar for being taken for its postmortem. Then the crime was altered under section 302 IPC. Thereafter, he recorded statements of witnesses namely Manna, Bhaganiya, Ram Khilavan and Sarju. Next day the investigating officer went to the place of occurrence, inspected the site and prepared its site plan map. He also collected bloodstained earth and simple earth from the scene of occurrence and prepared its memo. Autopsy conducted on the dead body of Semiya by Dr. Som Sharma, Medical Superintendent District Hospital, Fatehpur on 25th of August, 1978 at 1:00 p. m. revealed below noted ante-mortem injuries on the dead body: 1. Penetrating wound 1-1/4" x 1/2" x abdominal cavity deep on the abdomen in epigastric region moved towards left side, margins cleancut. It is spindle shaped, portion of stomach protruding out of the wound. 2. Penetrating wound 1-1/4" x 1/2" x abdominal canty deep on right side abdomen just below costal margins of chest 4" right to injury No. 1. Margins clean cut. It is spindle shaped. Portion of omentum protruding out of the wound. On an internal examination peritoneum was perforated at two places and abdominal cavity contained one liter blood and partially digested food. Stomach was perforated with incised wound 1 cm x 1/2 cm x whole wall deep on the front in middle part. Small intestine was empty. Liver was perforated over left lobe with incised wound 1" x 1/4" x whole liver tissue deep. Margin clean cut. The doctor opined that the death was caused due to shock and haemorrhage as a result of ante-mortem injuries about one and half day ago. The investigating officer searched for the accused but in vain. On 5th September, 1978 investigation of the crime was entrusted to station officer Sher Bahadur by the order of Superintendent of Police. Accused Ramesh surrendered in the Court of Chief Judicial Magistrate, Fatehpur on 9th of September, 1978. After completing investigation the police submitted charge-sheet against the accused.
(3.) AFTER framing of charge against the accused the prosecution examined Manna (PW 1), Smt. Bhaganiya (PW 2), Sarju (PW 4) and Ram Khilavan (PW 5) in its support. PW 7 HC Chet Ram Sharma who recorded FIR as told by Manna (PW 1) orally and made entry regarding registration of the crime in the GD proved the same (Ext ka 4 ). He also proved GD entry regarding alteration of crime (Ext ka-13 ). PW 3 Dr. Som Sharma who conducted autopsy on the dead body proved the postmortem report (Ext ka-2 ). PW 6 SI Chhotey Singh Panwar who investigated the crime initially proved the police papers including the site plan map (Ext ka-15 ). The accused pleaded not guilty denying the alleged occurrence altogether attributing his false implication in the case to enmity. He stated that when his mausi Semiya started residing with Ghasi his mother severed all relations with her. He also stated that his terms with Tunku were strained over the land lying in front of his house and Ram Khilavan (PW 5) was behnoi of Tunku. On an appraisal of evidence on the record the learned Trial Judge held the accused guilty of the charge levelled against him and convicted and sentenced him as stated above. Feeling aggrieved by the impugned judgment and order the accused appellant preferred this appeal for redress. We have heard Sri Subhashish Banerjee, learned Counsel for the accused appellant and Sri Karuna Nand Bajpaye learned AGA for the State respondent.;