- (1.) K. S. Rakhra, J. On the date of the incident, 11-8-1979, appellant himself lodged a report at Police Station Babu Purwa, Kanpur at 6. 10 p. m. stating that his wife Shakuntla has committed suicide. According to the report, the appellant was employed with Arora Trading Corporation at Kahu Kothi. That day as usual he had gone on his duty at 9. 30 a. m. At about 3 p. m. his landlady Shanti Devi informed him at Arora Trading Corporation Kahu Kothi that Smt. Shakuntla had ended her life by hanging. He immediately rushed to his house and found his wife hanging from a peg in the wall by using Dhoti. He mentioned in his report that deceased was 18 years old and was a lady of low intelligence and used to remain sick. The said information was registered by constable Vidya Dhar at serial No. 52 in general diary of police station Babu Purwa which has been duly proved by Babu Ram Awasthi P. W. 3.
(2.) THIS is an appeal against the judgment and order dated 6-3- 1982 passed by IIIrd Additional Sessions Judge, Kanpur whereby the appellant Gajendra Nath has been held guilty under Sections 302/201, IPC and has been sentenced to imprisonment for life for the first offence and five years R. I. under Section 201, IPC in Sessions Trial No. 508 of 1980, State v. Gajendra and two others. After registration of the FIR Subedar S. I. who was in-charge of the police outpost of Babu Purwa was deputed to hold the inquest on the dead-body. He visited the place of occurrence and prepared the inquest report on 12-8-1979 at about 8. 45 a. m. as Ext. Ka-4 and sent the body of the deceased to the mortuary for autopsy after completing the necessary formalities of preparing the requisite documents. This witness had not found any circumstance which could suggest that it was a case of homicide. He did not find any injuries on the body of the deceased. The witnesses of inquest had opined that it was a case of suicide and this sub-inspector also agreed with their opinion. Doctor R. P. Yadav, PW 6 who conducted the post-mortem of the deceased opined that the cause of her death was asphyxia due to strangulation and thus from his report it was found that death was homicidal and not suicidal. On the basis of this report the offence was converted into a case under Section 302, IPC and FIR was registered as Crime No. 519 vide G. D. Entry No. Ex. Ka-3.
(3.) BAL Kishore Jatav Senior Sub-Inspector of Police P. W. 4 posted at Police Station Babu Purwa came across the doctor's opinion and he took up the investigation in his own hands. In the end of September, 1979 this witness made a spot inspection of the place of incident (Kothari) where alleged suicide was committed and he did not find any steel or other peg or hook fixed in the wall on which body could be hanged. He arrested the appellant on 14-8-1979 from village Garha Kasda District Etawah. Sri Shiv Raj Singh S. I. P. W. 7 is the second Investigating Officer who conducted further investigation and finding a prima facie offence of murder and concealing of evidence of murder being disclosed against the appellant, his landlord Awadhesh Kumar and one Laxmi Kant, who was alleged to have friendly relations with the appellant, submitted a charge-sheet against them under Sections 302/201/120-B, IPC. In the trial prosecution examined only one witness of fact, i. e. , Jagdish P. W. 1. Devi Prasad P. W. 2 is the witness of inquest. Other witnesses could be examined by the prosecution in the trial on the ground that they were not traceable at their known addresses. For this the prosecution has examined constable Amar Nath Singh P. W. 8.;