S.N.AGNIHOTRI,J. - (1.) Feeling aggrieved with the Judgment and order dated 25.3.1986 passed by learned Sessions Judge, Pilibhit in S.T. No. 150 of 1984 (State v. Bechey Lal) arising out of Crime No. 201 of 1983, Police Station (for brevity P.S.) Bilsanda, whereby learned Sessions Judge held guilty to accused-appellant under Section 302 I.P.C. and sentenced him with life imprisonment, appellant filed this Appeal.
(2.) The factual matrix of the case is that deceased Smt. Munni was married to accused Bechey Lal about 5 to 6 years earlier before her death in the Village Neorapur. On 07.08.1983 Shri Ram Lal, Chowkidar of Village Neorapur, P.S. Bilsanda informed orally to Police Station Bilsanda that he had received information in the Village at morning that in the intervening night of 06/07.08.1983 the wife of accused-appellant Smt. Munni had unbearable pain in her stomach, due to which she had committed suicide. Upon this information Shri Ram Lal Chaukidar PW1 went to Police Station Bilsanda and gave oral information at Police Station about the incident. This information was recorded at Police Station in the General Diary No. 18 dated 07.08.1983 in the evening at 5 p.m., the copy of which is Exhibit Ka-4. On the basis of this information PW6 Shri B.P. Sharma S.I. visited the place of incident at Village Neorapur where he prepared inquest report of the dead body of Smt. Munni and related documents for post mortem of the dead body. Later on he sealed the dead body and sent it to the District Head quarter. Shri B.P. Sharma S.I. PW6 prepared site plan Exhibit Ka-10. Accused was not found at his house. Upon receipt of the post mortem report, it revealed that Smt. Munni had been strangulated and the case was converted under Section 302 I.P.C. The investigation of the case was done by Shri Virendra Pal Singh, the then Station Officer (for brevity S.O.), P.S. Bilsanda and after completing the investigation, he submitted charge sheet Exhibit Ka.3 against the appellant-accused. From the evidence of the prosecution it emerged that Smt. Munni did not conceived after her marriage. The accused-appellant suspected her fidelity also. On these two counts, the accused used to beat Smt. Munni and also said that she was of no use because she was infertile. Accused oftenly said he would kill her and marry with someone else.
(3.) To prove the guilt of the accused-appellant, prosecution examined as many as six prosecution witnesses (for brevity Pws);- PW1 Shri Ram Lal Chaukidar of Village Neorapur, who proved that after receiving information in the village, he went to Police Station Bilsanda and gave oral information that the wife of accused-appellant Smt. Munni committed suicide due to unbearable pain in her stomach in the intervening night of 06/07.08.1983. This witness has seen the incident. Thus he is a witness of formal nature. PW2 Smt. Har Dei, mother of Smt. Munni has proved that Smt. Munni complained her that she did bear any child that's why appellant addressed her with filthy words and used to call her infertile (Banjh). It was also informed by the deceased that appellant-accused suspected her fidelity and oftenly said that she was of no use for him and would kill her. PW3 Shri Deep Chand, the cousin brother of Smt. Munni has stated that he had gone to fetch Smt. Munni from her in-laws house prior to her murder, where he saw that accused was beating Smt. Munni. PW4 Dr. J.K. Goel has stated on oath that he had performed autopsy of dead body of Smt. Munni on 09.08.1983 at 3:15 p.m. and following ante-mortem injuries were found on her person;- 1. Contusion 8cm x 3cm on right side neck 1cm below the lobule of right ear extending towards the back of neck. 2. Contusion 6cm x 4cm on left side neck 2cm below and behind the lobule of left ear. Under neck, subcutaneous tissues eccymosed with laceration of underlying neck mussels. 3. Contusion 10cm x 4cm on back and middle of right fore-arm. 4. Contusion 6cm x 6cm on outer and middle aspect of left arm. On internal examination, brain, its membranes, pleura, larynx, trachea, bronchi, and both the lungs were found congested. Hyoid bone was found fractured. Heart on right side was full of blood. Liver and spleen were also found congested. In the opinion of doctor, Smt. Munni had died due to asphyxia caused by strangulation.;