- (1.) VIRENDRA Saran, J. Smt. Agnesh Sharma has preferred this appeal against the judgment and order dated 23-5-1979 of the Additional Sessions Judge. Rae Bareli convicting and sentencing the appellant under Section 302/301/149, I. P. C. to im prisonment for life and under Section 147, I. P. C. to one year's R. I.
(2.) THE prosecution case is that the appellant was married to Sitaram Sharma. Sitaram Sharma used to reside at Lucknow where he owned a licensed wine shop and visited his wife once a week. Sitaram Sharma was a Hindu. THE appellant was a Catholic Christian, but she married Sitaram Sharma who was a Hindu. P. W 1 Anil Singh is son of John Singh. P. W. 2 Rita Singh and Nita Singh are sisters of Anil Singh. David Singh alias Nandu Singh and Aftab Singh are their brothers. THEy all are Christians. Ftila Singh and Nandu Singh were Catholics whereas the other mem bers of the family were Protestants. THE entire family lived in Mohalla Bahrana which lies to the north of the railway sta tion Rae Bareli. P. W. 1 Anil Singh was running a general merchandise shop in Gur Mandi, which is 3 or 4 furlongs away from their house. Deceased Hari Krishna Mehrotra was having business dealings of supplying Modern breads to Anil Singh P. W. 4 Anoop Trivedi had a tea shop in the neighborhood only about 40 paces from Anil Singh's shop. As mentioned earlier, appellant Agnesh Sharma alias Munni, who was a Catholic got married to Sitaram Sharma, a Hindu. The prosecution case is that the appellant lived in a rented room of Mucidu Miyan in Baniyan Tola Khatkana. There is a Catholic Church in Mohalla Chhajlapur, Rae Bareli with a residential building within the Church campus with'some of the rooms on the first floor which were occupied by Father A. D'souza. On 27-4-1975, a Sunday, P. W. 3 Rita Singh had gone to the Church along with her sister Nita Singh and brother David Singh for prayers. The appellant also joined the prayers. After offering prayers, the appellant was going up to the room of Father A. D'souza through the stair-case. Since the appellant was a fat lady, P. W. 3 Rita Singh taunted "look how the fat buf falo is going up". The remark hurt the appellant. The same evening, there was a farewell party of one brother Edward Govicous in the church joined by Rita Singh, Nita Singh, Nandu David, appellant Agnesh Sharma and several others. In the party there was and altercation between Rita Singh and the appellant on account of Rita Singh calling the appellant a fat buf falo. The brothers and sister of Rita Singh also joined the quarrel and it is alleged that the appellant slapped Nandu David resulting in a scuffle. Marpeet between accused on one hand and Nandu and his sisters ensued. Father A. D'souza, Newton and other persons intervened and pacified them. Information about the incident was conveyed to informant Anil Singh later on. The prosecution case further is that on the fateful evening i. e. 10-5-1975 at about 5. 45 p. m. when informant Anil Singh was at his shop, the accused arrived on two rick shaws. They included the appellant, her husband Sitaram, Sharma and four un known persons. Siiaram Sharma started abusing Anil Singh and challenged him saying how he dared to say that he would throw acid on the face of his wife (appel lant) ). In spite of the informant denying the allegation, Sitaram Sharma continued to abuse him. Not only this, Sitaram Shar ma whipped out a pistol and pointed it towards the informant. On the arrival of the neighbourers, no untoward happening could take place and the accused went away. At about 6 p. m. informant's father also arrived at the shop and was tcld about the incident. The informant's father told that his sisters were also coming to the shop. As the family members of the in formant used to pass through the lane running in front of the house of Maddu Miyan, the father of the informant insisted that the informant should look after his sisters lest they may be molested or ill-treated by the mischief mongers. At that very time his friend Hari Krishna Meh rotra (deceased) happened to arrive at the shop. The informant in the company of Hari Krishna Mehrotra, Anoop Trivedi proceeded towards the house of appellant (Agnesh Sharma ). When the informant and his companions reached in front of the house of Muddu Miyan they found the appellant, her husband Sitaram Sharma and their four unknown associates present there. On seeing the informant, the appel lant and her husband Sitaram Sharma started abusing and the unknown as sociates surrounded them. The abuses at tracted Muddu Miyan, his son Ayajuddin and other relatives i. e. Imran Husain etc. , who tried to pacify Sitaram Sharma and his associates, but in vain. Appellant Smt. Ag nesh Sharma remarked that sweepers of yesterday have become respectable Chris tians of today and they are daring to throw acid on her face. During the course of the altercation, the appellant enquired from her husband and the other associates as to why they were waiting and asked them to silence him forever. The unknown associates then signaled Sitaram Sharma who whipped out a pistol from the pocket of his pants and fired at Anil Singh. Anil Singh sat down and the shot hit Hari Krish na Mehrolra. Thereafter all the accused escaped.
(3.) ANIL Singh left the deadbody in the care of Anoop Trivedi and Muddu Miyan. He first went to his shop and after inform ing his father proceeded to P. S. Kotwali which was only 3 furlongs away from the spot and dictated the F. I. R. to clerk-con stable Ram Pal Misra who prepared chik report Ext. Ka-1 and registered the case at 7. 10 p. m. Investigation was taken up by P. W. 7 Inspector Sukhpal Singh who reached the spot. The family members of the deceased insisted that the body be sent to the hospital hoping that the deceased might be still alive and hence P. W. 7 carried the dead body to the District Hospital where the doctor examined the deceased at 8. 25 p. m. , but declared him dead. The body was thereafter sent to the mortury. The Investigating Officer recovered blood stained and plain earth from the place of the incident and he also found an empty cartridge (Ex. 1) lying at the spot and he took the same in his possession vide recovery memo (Ext. Ka-7 ). The inves tigating officer thereafter searched the room of the appellant, but no incriminat ing article was found. On the next morning i. e. on 11-5-1975, the investigating officer went to the mortuary and prepared inquest report (Ext. Ka- 9), photo-lash (Ext. Ka-10 ). Under the instructions of the investigating officer, Sub-Inspector Basant Kumar Mishra prepared challan-lash (Ext. Ka-11) and the body was sealed and sent for post-mor tem to the District Hospital, Rae Bareli where the post- mortem examination was conducted by P. W. 5 Dr. N. N. Bhatnagar at 9. 30a. m.;