- (1.) I. P. Vasishth, J. The instant appeal is directed against the judgment of convic tion and its corresponding order of sen tence dated 2-1-1986 passed by Sri M. P. S. Tomar, Sessions Judge, Gonda requiring the appellant to undergo imprisonment for life for an offence punishable under Sec tion 302 of the Indian Penal Code.
(2.) THE burden of prosecution allega tion was that for a number of years prior to the fateful incident of June, 1985 the ap pellant Sattidcen, son of Rom Bahadur (deceased) was in employment at Ludhi-ana but his wife and children were living with his parents in the ancestral village Jalalpur situated at an approximate dis tance of 3 Kms. from' Police Station Wazirganj in district Gonda. in early June, 1985 the accused had come home on short leave and gathered that his father was car rying on an illicit relationship with his wife which he resented for the obvious reasons. In the normal urge he tried to restrain them from indulging in such type of a sinful iife but it appears that the old man did not pay any heed to his protest. It was alleged that on 20-6-1985 Ram Bahadur was sleeping outside the main entrance of his house when late in the night at around 11 p. m. one of his distant nephew PW-1 Maharaj Bux Dubey heard shrieks and cries of some woman. On getting alarmed Maharaj Bux rushed towards the side of Ram Bahadur but found him lying on a cot in badly wounded condition, there were certain injuries on his face and even though he was bleeding profusedly, was still alive; and his daughter-in-law was weeping close- by. On hearing of commotion a number of neighbours, namely viz. Dina Nath, Chintamani, Bajrangbali Dubey, Ram Pratap Dubey and Rajendra Prasad Dubey also collected there. All these per sons took Ram Bahadur on his cot to the village doctor PW-11 Jami Ahmad who found him in serious condition and there fore instead of wasting time, asked them to take him to the Government Hospital Wazirganj; but on his way to the Hospital Ram Bahadur succumbed to the injuries. The aforesaid people thereupon took him to the Police Station where Maharaj Bux Dubey lodged his report Ext. Ka-1 giving rise to the registration of a formal crime case. Pw-12 Rama Shankcr Singh Yadav took up the investigation and inspected the place of occurrence. He prepared a site plan, took charge of the dead body and on completing the inquest proceedings des patched it through Pw-8 constable Zahirul Hasan to the Mortuary for autopsy. Mean while from the spot he lifted some blood stained earth, cot strings and plain earth, which were kept in properly sealed con tainers and ultimately despatched to the Forensic Science Laboratory for a scien tific study. He also examined the witnesses under Section 16l Crp. C.
(3.) ON the same day the appellant was stated to have approached PW-3 Gokran of village Chandapur and on informing him about the incident made a clean breast confession of his guilt. He also solicited his help to avoid the unpleasant conse quences but since Gokaran expressed his inability to oblige him, therefore, the ac cused went away. He was ultimately ar rested by the Police on 24-6-1985 in the presence of PW-7 Ram Sumiran and one Dayaram. On interrogation by the Investiga tion Officer the accused made a disclosure statement and in pursuance thereto pro duced the Kudal Ext. Ka-12 from a place of concealment comprising of dry fodder stack in his house. Since the Kudal was found stained with blood, therefore, on being packed and sealed in a parcel it was also sent to the Forensic Science Labora tory for a scientific study.;