- (1.) MADAN Mohan Lal, J. This is an appeal against a judgment and order dated 29-6-1978 passed Sri Y. P. Singh, the then 1st Addl. Sessions Judge, Agra by which he has convicted Mahabir Singh appellant under Section 302 IPC and has sentenced him to undergo imprisonment for life.
(2.) SMT. Poonam deceased was married to Mahabir Singh appellant in the year 1972. It is said that Mahabir Singh appellant used to make a demand for scooter and because the same was not being fulfilled, hence he used to torture SMT. Poonam. The latter had been asking her parents to fulfill the said demand but the scooter was not supplied to the appellant, According to the case of the prosecution on the night between 17 and 18th July, 1975 at about 5/3-30 a. m the appellant by tiring a shot from a gun at his wife Smt. Poonam murdered here. One Mool Chand went to Agra to give intimation of the said incident to Sri Krishna Kant Tyagi, Advocate, who was brother of Smt. Poonam. He came on the same morning to village Garhi Bachcbi hamlet of Bans Boriya where this incicent had taken place, on the same morning. He gave a report of the said incident to the police on 18-7-197 at about 11 a. m.
(3.) IN support of its case the prosecution examined nine witness P. W. 3 Krishna Kumar Tyagi informant is brother of Smt. Poonam deceased. He was examined to depose that Smt. Poonam used to be tortured because the demand for giving a scooter to the appellant was not fulfilled, P. W. 5 Roop Kishan and P. W. 6 Viddha Rram were also examined to prove the motive. P. W. 7 Brijendra Singh had stated that at the time of the incident when a shot was fired he had seen the appellant armed with a gun standing on the roof of his house, i. e. where the murder was concinnities P. W. 8 Lal Kishan had also stated that he had heard a shot having been fired in the house of the appellant, he had gone to see Smt. Poonam lying dead on the roof. P. W. 8 Lal Kishan and P. W. 3 Krishna Kumar Tyagi had deposed that the appellant had made a extra judicial confession in their presence. P. W. 2 Raj Kumar was Head Moharrir at P. S. Btmadpur. He bad deposed that on 18-7-1975 Ahar Singh, i. e. uncle of the appellant, had come to the Police Station to lodge a report of the incident. The investigation of this case was made by P. W. 9 Dharam Singh Sirohi, S. O. The post mortem examination of the dead body of Smt Poonam was conducted by P. W. 4 Or. R. K. Jain the then Medical Officer S. N. M. Hospital, Firojabad on 19-7-1975 at 9. 30 a. m. He had found the following ante-mortem injuries on the dead body of Smt. Poonam : 1. Gun shot wound of entrance 2 cm x 2 cm x neck cavity deep in the frot and middle of neck, 3. 5 cm. above the enternal notch. Blackening and scorching present around the wound in area 7 cm x 7 cm Margins are inverted and irregular. On prove direc tion of the shot was, slightly downward and lightly towards left side. 2. Blackening marks continuous present within area of 4 cm. X 2 cm, extending from base of left thumb to the tip of index finger and top of left thumb, on the dorsum of left hand.;