- (1.) AMAR Saran, J. This criminal appeal from jail has been preferred against the judgment dated 1-9-2005 passed by the Sessions Judge, Siddharth Nagar convicting and sentencing the appellant Barqat to imprisonment for life under Section 302 I. P. C.
(2.) ON account of inability of the appellant to engage a Counsel, an amicus curiae Sri Dharmendra Singhal was appointed on his behalf who has been heard, and has ably assisted this Court. We have also heard the learned AGA and perused the judgment and record. The prosecution case was that in the night of 26/27-2-2004 Smt. Meena, wife of informant Narad was done to death in her hut which was located on the Bandh in village Mahratha. After the informant returned from Bombay (where he had been working for the past six months) on telephonic information about the murder, he lodged the report of the incident on 2-3-2004 at 10 a. m. at P. S. Mishrauliya. He further mentioned in the report that the appellant who was a Rajasthani Tractor Driver and was doing the work of levelling the bandh, had been residing on the bandh for the past two months. He used to roam around the village and had been casting an evil eye on the deceased Smt. Meena, the wife of the informant. In the night of 26/27-2-2004, a relation of the informant Ramadin had come to their place. Smt. Meena had given him food and made him sleep in the hut. A lantern was burning in the hut as usual. At about 1 a. m. , the appellant came to his door and tried to wake up his wife. When Smt. Meena called out as to who it was then Barqat entered the hut. Soon thereafter, the sound of someone being strangled was heard by the informant's bhabhi Smt. Amrawati and the visiting relation Ramadin. They proceeded in the direction of the sounds lighting torches and found Barqat running out towards the west from the hut. When they entered the hut they found Smt. Meena lying dead and then Amrawati and Ramadin ran behind Barqat flashing torches and the villagers Ram Niwas and others also followed him. But Barqat gave out a threat that if any one came near him, he would meet the same fate. Thereafter he fled from the spot. As the witnesses were initially very scared, they did not disclose the whole version to him but after he had made enquiries about the matter he was lodging the said report.
(3.) THE report was registered at P. S. Mishrauliya in the presence of PW-8 S. I. Ram Daras Yadav who was the SHO of the Police Station and a case under Section 302 I. P. C. was registered at case crime No. 83 of 2004. He commenced the investigation of the case and entered the nakal chik report in the case diary and recorded the statements of the scribe Narpati and the informant Narad. He thereafter proceeded to the spot alongwith the informant where he recorded the statements of Amrawati and made a spot inspection and prepared recovery memos of a torch of one Ramnivas and a lantern of the informant Narad, and the torch of Smt. Amrawati (Ext. Ka-8 and 9) which were given in the supurdagi of the Ramnivas and the informant on 3-3-2004. He entered the post-mortem report in the CD and after arresting the accused produced him in Court. He recorded the statement of the accused on 4-3-3004. He again visited the village Mahratha where he recorded the statement of Ramadin and prepared the Fard of the torch of this witness. He also recorded the statement of inquest witnesses Nandu, Moti and Ram Sewak. On 8-3-2004 he received the original inquest and other papers which were entered in the CD. Prior to this on 27-2-2004, the informant's father Moti had given information about the death of Smt. Meena at the police station on the basis of which inquest and post-mortem was done on the dead-body.;