- (1.) K. S. Rakhra, J. This jail appeal has been filed by the appellant Pauhari Saran challenging his conviction under Section 302, IPC and sentence of life imprisonment passed by IIIrd Addl. Sessions Judge, Deoria through impugned judgment and order dated 23-8-1999 in S. T. No. 439 of 1995. The appellant is represented by Amicus Curiae Sri Sudhist.
(2.) THE charge against the appellant was that on 29-7-1995 at about 8. 00 p. m. in village Khertia within the circle of police station Baghauch Ghat District Deoria he committed murder of his wife Smt. Ranjana Srivastava in his own house in a part of which a dispensary was also being run by him. He is not a qualified doctor but was practising as a quack. First Information Report in this matter was lodged on 29- 7-1995. at 21:15 hours by Sri Dharmendra Kumar Srivastava P. W. 1, brother of the deceased. According to the prosecution version, there were some differences between the appellant and his wife with regard to division of the property between the appellant and his two brothers. The said division is alleged to have taken place about a month ago. On the fateful day, Dharmendra Kumar Srivastava P. W. 1 had come to the house of the appellant and in his presence some tiradic discussions took place between the appellant and his wife and they continued to quarrel despite an attempt being made by him and the neighbours to stop them. It is further alleged in the First Information Report that the appellant became highly infuriated and out of provocation he shot in the head of his wife resulting into her death instantaneously. Several persons of the vicinity gathered and surrounded the place of occurrence on account of which the appellant could not escape but since he was carrying a gun in his hand nobody could come forward to nab him. Investigation of this crime was conducted by S. I. Mewa Ram Bharti P. W. 5 in whose presence the First Information Report was registered at the police station. He visited the place of occurrence immediately and found that the house-cum-dispensary was surrounded by several persons and the appellant was standing in the verandah with DBBL Gun (No. 9925-88) in his hand. The appellant was apprehended by the police and on search being made, three live cartridges as well as one empty shell in the barrel were recovered from his possession. All these things were taken into possession by the police who after completing necessary formalities of inquest and preparing other relevant documents despatched the body to the mortuary on 30-7-1995. Dr. K. N. Shukla P. W. 6 conducted autopsy on 30-7-1995 at 4. 00 p. m. and found following ante-mortem injury on the body of the deceased : (i) Fire-arm wound of entry 18 x 15 cm. x scalp deep through and through on the right side of skull 3 cm. above and back to right ear. There was fracture of parietal, occipital and frontal bones. Bleeding was present on the whole of the injury. Upper part of skull was missing. "
(3.) IN the opinion of the doctor the death had occurred about one day earlier on account of shock and haemorrhage as a result of ante-mortem injuries. The Investigating Officer had prepared the site plan Ex. Ka. 17 and had recovered the blood stained and plain earth from the place of occurrence. After conclusion of investigation charge- sheet was filed and the case was committed to the Court of Sessions for trial.;