- (1.) N. S. Gupta, J. Accused-appellant Rakesh, who was convicted under Section 302, I. P. C. by judgment and order dated 23-2-1995 passed by Sri Onkareshwar Bhatt, the then Sessions Judge, Banda and was sentenced to undergo imprisonment for life, has come up in appeal before this Court.
(2.) THE prosecution claimed that on 23-11-1993 at about 12 noon, the deceased Bitti was going towards her fields situate in village Dhumra P. S. Fatehganj District Banda. She was carrying in Daliya contain ing seeds of wheat into the same and seeds of mustard in another Daliya. She was wearing a Dupatta of red colour. When she reached near the field of Ram Khilawan, accused-appellant Rakesh caught hold of her heirs and dragged her inside the field. Smt. Ganeshiya RW. 4 and her brother Hari Shankar were attracted to the scene of occurrence, where they saw the accused dragging the deceased inside the field. THE prosecution maintained that the accused-appellant gave sickle blows on the neck of the deceased and killed her. Raj Kumar RW. 1 who was cousin of the deceased prepared a written report Ex. Ka-1 and lodged the same at the police station Fatehganj at about 4. 30 p. m. the police station lay at a distance of about 14 Kms from the place of occurrence. On the basis of this first informa tion report case crime No. 56 of 1993 under Section 302, I. P. C. State v. Unknown was registered at P. S. because the name of the accused-appellant was not mentioned in this first information report. The investigation of the case was taken up by S. I. , Shitla Prasad Varma, P. W. 6, who was then working as Station Officer Fatehganj. He immediately recorded the statement of the complainant Raj Kumar and rushed to the scene of occurrence some time in the night. He prepared the inquest report in respect of the dead body of the deceased in the morning of 24- 11-1993 and sent the same for post-mortem examination. He recovered blood stained and simple earth from the scene of occurrence and prepared the recovery memo Ex. Ka-11 about the same. He recovered wooden portion of the Hansiya which was stained with blood from the scene of occur rence as also two baskets, which were lying near the scene of occurrence. He, there after recorded the statement of Smt. Ganeshiya and Hari Shankar. He arrested the accused-appellant on 26-11-1993 and recovered blood stained lansiya as also a Kurta on the pointing out of the accused. He prepared the site plan Ex. Ka-16of the scene of occurrence and after concluding his investigation submitted a charge-sheet against the accused-appellant.
(3.) AFTER committal of the case to the Court of Sessions, the learned trial Judge framed a charge under Section 302,i. P. C. against the accused-appellant to which he pleaded 'not guilty' and claimed trial. He pleaded that one Shyam Sunder was responsible for committing dacoity at his house. He pleaded that Shyam Sundar was related to Nawal and maintained that he has been falsely implicated into this case, because of the said enmity. The accused-appellant did not adduce any evidence in defence. The prosecution in support of its case examined six witnesses. They were: P. W. 1 Raj Kumar, who is the maker of the first information report and proved the first information report Ex. Ka-1. P. W. 2 Hari Shanker is the brother of the deceased, who has given an eye-witness account of the occurrence in question, P. W 4 Smt. Ganeshiya is the aunt of the deceased who too has given ocular evidence, P. W 3 Lala stated about the recovery of Hansiya and Kurta by the police on the pointing out of the accused, P. W 5 Dr. Ashok Upadhyaya was the Medical Officer, who conducted autopsy on the dead body of the deceased on 24-11-93 at about 4 p. m. and found that the deceased was aged about 14 years and about 3/4 days had passed since her death. She was thin. Clotted blood was present on her body. The doctor found the follow ing anti-mortem injuries on the person of the deceased: (1) Incised wound 5 x 1/2 cm x muscle: deep on back of neck. (2) Incised wound 4x 1 cm x muscle deep on left side of neck 4 cm below root of left ear. (3) Incised wound 5 x. 2 cm x muscle deep on right side of neck 2- 1/2 cm below root of right ear. (4) Incised wound 12 x 3 cm x bone deep just below both angle of mandible on front of neck trachea oesophagus, neck vessels and neck muscle cut through and through but cervical vertebrae were intact.;