- (1.) Accused appellant Bhurey Singh was charged in ST. No. 32 of 1980 under Section 302 I.P.C. for committing murder of his wife. The Additional Sessions Judge, 3rd Moradabad convicted him vide judgment dated 01.03.1982 and sentenced-him to undergo a term of life imprisonment.
(2.) The incident in this case took place on 12.10.1979 at 7.30 a.m. in village Rustampur Ugai within area of P.S. 'Chandausi, District Moradabad. The FIR Ex. Ka-1 of the incident was lodged by PW-3 Krishna Pal the same day at 9.05 a.m. at P.S. Chandausi, the husband of the elder sister Bitto Devi PW-5 of deceased Munni.
(3.) According to the prosecution version, Munni Devi was married to accused Bhura resident of Village Ata about five years ago, and had given birth to a son after 15 months of the marriage prior to two years of the incident Bhurey shifted from village Ata and was living with his sister's husband Shiv Chand Singh in village Nagla Nider, P.S. Chandausi. He also wanted his wife Munni Devi to reside with him at Nagla Nider but Munni declined as she wanted to live at village Ata itself. This became a cause of dissension between husband and the wife, and there was a rue on this issue between them, so Som Pal Singh brother of Munni Devi took her to his village about two months prior to the occurrence. It is alleged that to look after her and the household, since the wife of informant was in family way, the informant took Munni Devi from Som Pal's village Bhusaya, P.S. Islam Nagar to his village Rustampur Ugia, about 20 days prior to this incident. It is alleged that prior to this incident on Friday last, accused Bhurey Singh had come to the house of the informant to meet his wife. There was some altercation between the accused husband and his wife Munni Devi on the issue that she should live with him in Village Nagla Nider. Bhurey Singh then went away. It is alleged that on 12.10.1979, Bhurey Singh arrived the house of the informant around 6 O'clock in the morning on a bicycle. There was a short talk between the informant and accused and then the informant went away to his field leaving behind his wife PW-5 Bitto, who had recently given birth to a child and son Bhura aged 13 years, and accused talking to his wife inside the room. It is said that subsequently there was some altercation between the accused and his wife Munni Devi on the issue to live in Nagla Nider but she persisted that she will not go to Nagla Nider for her humiliation and shall like to live alone in village Ata. This enraged the accused who shot dead his wife Munni Devi with a D.B.B.L. Gun hanging on a peg inside the room, which belonged to the father of the informant and ran away riding the bicycle throwing the gun. Bhurey PW-4 son of the informant. PW-1 Munshi and PW-2 Mahipal Singh came on the spot and tried to apprehend the accused but in vain. The informant of the incident was given to he informant at his field by his son Buddhu Singh, who came to the house and saw Munni Devi dead.;