BIJENDRA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) By the impugned judgment dated 08.11.1985, the learned 2nd Addl. Sessions Judge, Aligarh convicted accused appellants Bijendra and Smt Khazani for the offence punishable under section 302/34 Indian Penal Code and sentenced them to under go life imprisonment.

(2.) The prosecution case, in brief, is that on 25/26.12.1984, a written report (Ex-ka-1) was submitted by Smt Kartari (Informant/P.W.-1) at Police Station Tappal, District Aligarh wherein she alleged that she was living with her maternal uncle Ramchand's house in village Palar after her marriage. Bijendra (appellant no.1) is son of Ram Chand. His wife and his family were also living in the same house for quite some time. Ram Chand, after the death of Bijendra's mother married (djkc) Ram Devi. Ram Chand had transferred the house and 11-12 bighas of land to Ram Devi. After his death, Ramdevi wanted to get her name mutated in the land and her share in land segregated. This annoyed accused Brijendra, who 9-10 days prior to the incident had told her not to do so. Ram Devi was issue-less. She did not heed Brijendra's advice, causing Brijendra to threaten her. It was then asserted by the informant that, on the fateful night at about 12 O'clock when she and her son Jaggo were sleeping in her maternal uncle's house. They were awakened by shrieks of (mami) Rama devi and saw that Bijendra was inficting gandasa blows at Mami's naval (ukj) and an unknown person was holding mami's head and Bijendra's wife Khajani (co accused-appellant no. 2) was holding her legs. When they raised an alarm Bijendra threatened them. After killing Ramdevi, he and the unknown person went outside. It was also asserted that due to fear, informant and her son remained in the house whole night. In the morning after getting the complaint transcribed by Bishambhar the same was sent to the Police Station.

(3.) On the basis of the said written report, the First Information Report (Ex-Ka-5) was lodged on 26.12.1984 at 8.15 a.m, vide Case Crime No. 152, under Section 302 IPC against the accused appellants at P.S. Tappal, District Aligarh. The investigation was entrusted to Mahavir Singh (P.W.-5). The inquest (Ex- Ka-4) on the dead body of the deceased was conducted on 26.12.1984 at 10 a.m and thereafter it was sent for autopsy. The postmortem report is available on record as Ex-Ka-16. As per Dr J. L. Agarwal, following ante-mortem injuries were found:-