BALA KRISNHA NARAYANA,J. - (1.) Heard Sri U.B.Singh, Amicus Curiae on behalf of the appellant and Sri A.N. Mulla, Sri J.K. Upadhyay, Km. Meena, Learned AGAs, Mrs. Manju Thakur, brief holder for the State.
(2.) This criminal appeal has been filed by the accused appellant Mohar Singh against the judgement and order dated 11.03.1988 passed by IIIrd Additional District and Sessions Judge, Agra in Sessions Trial No. 116 of 1987 (State v. Mohar Singh) arising out of case crime no. 182 of 1986 under Section 302 IPC, P.S. Etmadpur, District Agra by which he has been convicted and sentenced to imprisonment for life under Section 302 IPC.
(3.) According to the prosecution story, the accused in the night of 22/23.06.1986 at about 2 A.M. at Garhi Jori, hamlet of Pachokhar, within the limits of police station Etmadpur, district Agra, committed murder of his wife Smt. Har Bheji. The accused along with his wife and children had gone on 22.06.1986 to the house of his brother-in-law (Sadhu) Jugraj Singh in Garhi Jori and had reached there at about 6.00 P.M. After taking food, they went to sleep on the roof of the house. The inmates of the house including Jugraj and his brothers and their family members were also sleeping on the roof of the house. Mohar Singh was suspicious about the character of his wife and apprehended that she wanted to get him killed. At about 2.00 A.M., Mohar Singh brought his wife down stairs and after opening the door of the house took an axe and attacked Smt. Har Bheji. She raised alarm, on hearing of which Jugraj, his elder brother Gopi Ram and his son Mahesh and villagers came there. Mohar Singh further gave axe blows in their presence as a result of which she fell down. Jugraj and others apprehended Mohar Singh and took the axe from his possession. Ram Prasad was sent to inform the police who brought Ramadhar Constable and Niranjan Lal and Natthi Lal, Home Guards personnel who were on patrolling duty at Pachokhar. The accused appellant along with the axe was handed over to the police. Oral report was lodged by Jugraj Singh at the police station Etmadpur on 23.06.1986 at 7.30 A.M.;