Om Prakash, J. - (1.)Present jail appeal has been preferred by accused-appellant Shakuntala against judgment and order dated 11.07.1994 passed by VIIth-Additional District & Sessions Judge, Muzaffar Nagar in Session Trial No. 485 of 1991, (State of U.P. Vs. Shakuntala) under Section 302 I.P.C., Police Station Bhaurakala, District Muzaffar Nagar convicting and sentencing accused-appellant for the offence under Section 302 I.P.C. with imprisonment for life.
(2.)Prosecution story, in nutshell, as unfolded in written report Ext. Ka-1, is as follows:
(3.)Informant Triloki Chand (PW-1) moved written report Ext. Ka-1 dated 05.08.1991 scribed by Dr. Devendra Kumar Sharma mentioning therein that on 05.08.1991, his grand daughter Bandana aged about 4 years was playing outside the house. When she did not return search was made, accused-appellant told that she had seen one person wearing black coat taking the deceased. On this, informant made search of deceased hither and thither but she could not be traced out. At about 12:30 P.M., informant along with Rajpal Sharma son of Jagdish Prasad, Mahendra son of Padam Sen, Dhara Singh son of Bhoola and other persons reached at house of accused-appellant and saw her pushing the deceased on the cot and also throttling her. Accused-appellant was apprehended on the spot. A rope was found in the neck of Bandana (deceased) who had died. Leaving dead body of deceased at the place of occurrence, informant and other person took accused-appellant at police station concerned. On the basis of written report Ext. Ka-1 on 05.08.1991 at 13:15 hours, chik F.I.R. at Crime No. 41 of 1991, under Section 302 IPC was registered against accused-appellant, which is Ext. Ka-2 on record. G.D. entry was also made at the same time in general diary as Ext. Ka- Investigation was entrusted to Prabal Pratap Singh (S.O.) concerned. It also appears that after registration of F.I.R., police started investigation; reached the place of occurrence and prepared inquest report and keeping dead body in sealed clothes prepared sample seal. Other police papers were also prepared at the same time and copies were attached along with inquest report for post mortem. Rope, pillow, sleeper and bangles found at the place of occurrence were also taken into custody and keeping the same in sealed cover memo Ext. Ka-12 was prepared. Investigating Officer (in short as 'I.O.') also prepared site plan Ext. Ka-13 mentioning the details of the place of occurrence. Dead body along with required police papers was dispatched for post mortem through Constable Kamal Singh and Prithvi Singh. Post mortem on the dead body of deceased was conducted on 16.08.1995 at 03:40 P.M. On general examination, deceased was found aged about 4 years. Time since death was one day. She was average body built. Rigor Mortis absent in upper and lower extremities. No sign of decomposition was found. Small and large intestine contained faecal matter and gasses.