- (1.) D. K. Irivedi and I. P. Vashishth, JJ. The present Criminal Appeal arises out of the judgment and order dated 31-5-1979 passed by the III Additional Sessions Judge, Barabanki convicting the appellants under Section 302/34i. P. C. and sentencing each of them to Imprisonment for Life and further convicting them under Section 201/34 I. P. C. and sentencing them to undergo Seven Years' Rigorous Imprisonment. Both the sentences were ordered to run concurrently.
(2.) THE incident, according to the prosecution case took place on or about 22-3-1994 at about mid-night in the house of Mohammad Sami deceased situate in vil lage Asumau Police Station Rudauli Dis trict Barabanki. The prosecution case, in short, is that appellant No. 1 Smt. Atiqunnisan is the wife of deceased Mohammad Sami and they resided in village Asumau. It is also stated that alongwith them, one nephew and one niece of Mohammad Sami also lived in the same house. It is said that the houses of Mohammad Sami and one Sattar (died about 4-5 years ago) were one and the same and was divided by a wall. It is also alleged that there is a door connecting both the parts of the house. It is also alleged that after the death of Sattar, Mohammad Sami came into possession of the said house also and he also used the same. It is said that Moham mad Sami disappeared from the village and then P. W. 2 Mohd. Ayub made enquiries from Smt. Atiqunnisari about Mohammad Sami. It is said that she told him that Mohammad Sami had gone to Kanpur to meet his brother-in-law Siddiq. On receipt of this information Mohammad Sami went to Kanpur and met Siddiq and when he was informed that Mohammad Sami was not there then he again came back to the village and informed the village Pradhan, Saheb Bux (P. W. 3) about the disappearance of Mohammad Sami. It is said that the Pradhan Saheb Bux (P. W. 3) and Mohd. Ayub (P. W. 2) as well as some other persons went to the house of Mohammad Sami and made queries from Smt. Atiqunnisan about the disappearance of Mohammad Sami. It is said that she then disclosed the real facts and informed the Pradhan that she had developed illicit relations with accused Aslam and, therefore, she decided to do away with her husband with the help of Aslam. It is said that she stated that about 8 or 12 days ago her niece and nephew who were living with the deceased had gone to Rahimganj Fair. It is said that in the said night Aslam reached her house when Mohammad Sami was sleeping. It is said that she caught hold of the legs of her hus band and then Aslam committed the mur der of Mohammad Sami by inflicting knife injuries upon his neck. It is said that there after they concealed the dead body of Mohammad Sami in the adjoining room and Aslam told her that if anybody asked about Mohammad Sami then she should inform the said person that he had gone to Kanpur. She also stated that both the ac cused persons had concealed the dead body of Mohammad Sami in the adjoining room. It is also alleged that after disclosing all these things she went to the above men tioned room and pointed out the place where the dead body of Mohammad Sami was buried by her and Aslam and that they had covered that place with straw. It is fur ther alleged that thereafter the villagers removed the straw and also dug the portion of the earth and then found that the dead body was there. It is said that the villagers thereafter called the Chaukidar and there after Saheb Bux got a report prepared by P. W. 1 Rizwan Ali and lodged the same at Police Station Rudauli on 3- 4-1974 at 7-00 P. M. and the Pradhan also handed over Smt. Atiqunnisan to the Police at the time of loding of the report. P. W. 6, K. N. Pandey, S. I. started the investigation in this case and reached the place of the incident on 3-4-1974 at 2-15 Hours. He immediately recorded the state ment of Saheb Bux on the spot and also other witnesses. On the next morning he prepared Panchayatnama and other papers Ext. Ka-3 to Ka-5 and handed over the dead body of Mohammad Sami to Constables Shobh Nath Pandey and Dwarika Prasad Tewari for taking the same to the Mortuary for postmortem examination. He stated that he recorded the statement of Mohammad Ayub on 3-4-1974 in the evening, and he further staled that Babu Ram Misra, S. O. (P. W. 7) reached the place of the incident and had taken over the investigation. P. W. 7 Babu Ram Misra, S. O. thereafter com pleted the investigation and submitted charge-sheet against the accused persons.
(3.) THE post mortem on the dead body of Mohammad Sami was conducted by P. W. 8 Dr. H. O. P. Jha on 5- 4-1974 at about 4-00 P. M. and the Doctor found the following ante mortem injuries on the dead body of the deceased. THE post mortem report is Ext. Ka-7. "incised wound over front of neck 1/4" below cricoid cartilage on the left side of the neck tailing towards back part of the neck measuring 3 1/2" x 2" x 3/4 x Trachea and oesophagus had been cut and that the cut was a clean one. THE left carotid had been completely cut. THE Muscles and veins below this injury had been cut. " The prosecution in support of its case examined, in all, 9 witnesses. P. W. 1 Rizwan Ali is the scribe of the First Infor mation Report and according to the aver ments of the F. I. R. he was present at the time of the confession made by Smt. Ati qunnisan. P. W. 2 is Mohammad Ayub. He also proved that Smt. Atiqunnisan con fessed before him, when he made enquiries about Mohammad Sami, and she stated that Mohammad Sami had gone to Kanpur. P. W. 3 Saheb Bux is the Pradhan of the village and the witness of confession. P. W. 4 Ram Lotan has also stated that she confessed her guilt before him and other villagers. P. W. 5 Dwarika Prasad Tewari Constable brought the dead body of Mohammad Sami to the Mortuary for the autopsy. P. W. 6, S. I. , K. N. Pandey conducted the initial investigation and the investigation was, thereafter handed over to S. O. P. W. 7 Babu Ram Misra who completed the investigation and there after submitted charge-sheet against the ac cused persons. P. W. 8 Dr. H. O. P. Jha con ducted autopsy on the dead body of Moham mad Sami and proved the postmortem report Ext. Ka- 7. P. W. 9 Ram Pal Singh who was posted as Head Moharrir at Police Sta tion Rudauli, received the F. I. R. and registered the case in the General Diary.;