Vijay Kumar Verma, J. - (1.) CHALLENGE in this appeal is to the judgment and order dated 20.12.2000 passed by the Additional Sessions Judge Court No. 14, Moradabad, in ST. No. 517 of 1998(State v. Bhoora), whereby the accused- appellant Bhoora has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 2000/- with default stipulation under Section 302,1 PC and one year rigorous imprisonment under Section 4/25, Arms Act.
(2.) BRIEFLY stated, the case of the prosecution as unfolded during trial is that dead bodies of a Muslim woman and a female child aged about 1 V4 year were found lying in the sugar-cane field of first informant Bhoorey s/o Faquer Mohammad, situated within the limits of village Jivai-under the jurisdiction of P.S. Didauli, District J.P. Nagar. Written report Ext. Ka 1 was submitted at P.S. Didauli by the first informant on 31.1.1998. It was stated in that report by Bhoorey that when he went to his sugar- cane field on 31.1.1998 at about 2.00 p.m., he found that dead bodies of a Muslim woman and a female child aged about 1-1 % year were lying in his sugar-cane field situated on the side of chakroad going to Chaudarpur from his village. The woman was wearing burka and neck of both the deceased was cut. The people of nearby villages saw the dead bodies, but nobody could identify them. On the basis of the written report Ext. Ka 1, the then head moharrir Lovkesh Sharma prepared chik FIR Ext. Ka 6 and registered a case under Section 3027. IPC against unknown person at Crime No. 47/98, entry of which was made in the GD vide Ext. Ka 7. After registration of the FIR, investigation was taken up in his hands by the then SHO Sri K.C. Pundhir P.W. 6. During the course of investigation, an application Ext. Ka 2 was handed over to the investigating officer by Muzaffar Shah (P.W. 2), father of the deceased Sanno. It was alleged in that application that his daughter Sanno was married to Bhoora s/o Itwari Shah r/o Mohallah Dehli Darwaja, Sambhal. Before Eid festival, Sanno along with her one year daughter had come to his house to meet him. At that time she had told that her husband blames her to be characterless and he says that her daughter is born due to illicit relations. It was further stated in the said application that when Bhoora came on 27.1.1998, he assured that he would not suspect about the character of Sanno in future. Thereafter Sanno was sent with him. It is also alleged that on 12.2.1998, Smt. Noor Jahan w/o Akhtar Husain r/o Mohallah Dehli Darwaja, Sambhal came to Rampur to meet the complainant Muzaffar Shah, but he was not there at the house. Noor Jahan returned to her house informing the daughter of the complainant that when her father comes back to house, he be informed to meet Mazeed in kasba Sambhal. When on arrival to his house, Muzaffar Shah went to Sambhal on 15.2.1998 to meet Mazeed, then Mazeed show the photos of Sanno and her daughter, which were published in Amar Ujala newspaper of 11th February, 1998 of Moradabad edition. Seeing those photos, the complainant identified them. Thereafter, Mazeed and Noor Jahan told the complainant that when after seeing and identifying the photo of Sanno in the newspaper, they asked Bhoora on 12.2.1998 about Sanno, he told that "Maine badchalani ke shak par Sanno wa uski bachchi ko Jivai ke taraf jangal men mar diya hai. Ab Khuda ke waste men galti maph kar do. Main yahan se bahut doorja raha hun". Mazeed and Noor Jahan also told the complainant that they tried to catch Bhoora, but he fled away. Further case of the prosecution is that during investigation Bhoora was arrested on 5.3.1998 and on the basis of his discloser statement one knife was recovered on his pointing out from Kachchi chak-road filled with mud and water in the jungle of village Jivai. After completion of the investigation, one charge-sheet under Section 302/201, IPC and another charge-sheet under Section 4/25, Arms Act were submitted against the appellant-accused Bhoora. On the instruction of SHO Sri K.C. Pundhir (P.W. 6), S.I. Gokul Chandra Sharma conducted inquest proceedings on the dead body of both the deceased persons, during which inquest reports Ext. Ka 9 and Ext. Ka 10 with connected papers Ext. Ka 11 to Ext Ka 17 and Ext. Ka 18 to Ext. Ka 24 were prepared and both the dead bodies in sealed condition were handed over to the constables Rajesh Tomar and Jagdish Singh, who carried them to mortuary for post-mortem examination, which was conducted on 1.2.1998 by Dr. K. Kumar P.W. 5. Following ante-mortem injuries were found on the person of deceased female child vide post mortem report Ext. Ka 4. Incised wound on the front of neck 16 cm x .5 cm at the level of 2nd cervical vertebrae sharply cut. These trachea vessels and esophagus are on cut. The neck is attached with a (sic) sleep of skin and muscle. In internal examination there was cut at the 2nd cervical vertebrae. Gases and faucal matter were found present in large intestine. On the dead body of unknown female, the following ante-mortem injuries were found vide post- mortem report Ext. Ka 5: (1) Incised wound part of the front of neck 22 cm long 3.5 cm. cut at the level 3rd cervical vertebrae all are NAD. Trachea Esophagus muscles all are cut. (2) Multiple incised wound 3 cm x 1.5cm in area of 15 x 12cm. on right side chest is (sic). Axillary line chest cavity deep. On exploration Larynx Pleura all cut. (3) Multiple Abrasion on part of both knee front and temp, region. On Exploration, the uterus is gravid and a dead male fetus weight 450 gms. and 11.5" long present. In internal examination 8th, 9th and 10th ribs of right side were cut at place. There was cut in right side pleura. There was cut 3rd cervical vertebra. Gases and faucal matter was found present in large intestine. According to Dr. K. Kumar, death of both the deceased was caused due to shock and haemorrhage as a result of ante-mortem injuries.
(3.) AFTER sending the dead bodies for post-mortem examination, P.W. 6 K.C. Pundhir prepared site plan Ext. Ka 8 of the place where the dead bodies were found lying. On the basis of the recovery memo Ext. Ka 3 relating to the recovery of knife on the pointing out of accused Bhoora, a case under Section 4/25, Arms Act was got registered against him by P.W. 6. Chik FIR Ext. Ka 26 under Section 4/25, Arms Act was prepared by the then head moharrir Veer Singh. Site plan Ext. Ka 27 of the place of recovery of knife was also prepared by P.W. 6 and after completion of the investigation of case crime No. 47/98 under Section 302/201, IPC, charge-sheet Ext. Ka 27 was submitted against the accused. Investigation of the case under Section 4/25, Arms Act was handed over to P.W. 7 SI Raj Singh, who prepared site plan Ext. Ka 30 of the place of recovery of knife and after completing the investigation, submitted charge-sheet Ext. Ka 31 under Section 4/25, Arms Act against the appellant.;