- (1.) THIS jail appeal has been preferred by Jeet Singh who has been convicted under Section 302, I. P. C. and sentenced to life imprisonment by judg ment dated 16-12-1996 passed by Sri Mohammad Tahir, the then IX Additional Sessions Judge, Pilibhit in Sessions Trial No. 65 of 1995.
(2.) BRIEFLY placed, the facts are that the deceased Bhajan Kaur was the step grand mother of the accused- appellant whose murder is said to have been committed. The incident occurred at about 9 p. m. on 7-9- 1994 in village Harsinghpur, Police Station Kotwali, Pooranpur, District Pilibhit. The F. I. R. was made by Darshan Singh-grand father of the accused-appel lant on 8-9-1994 at 8. 30 a. m. The distance of the Police Station from the place of occurrence was 4 km; The first wife of the informant Darshan Singh had died and about nine years before the incident he had remarried with the deceased. His second marriage with her was not liked by his grand-son (accused-appellant) and he was very much annoyed on this score. He used to ask him to turn out the deceased from his house. He (informant) did not yield to such pressure exerted by the accused-appel lant and started living with the deceased at the tube-well of Dr. Jogendra Singh, earning his livelihood by working as labourer. In the fateful night, he was lying with his wife at tube-well when the accused-appellant ap peared there with a BANKA (sharp cutting weapons ). He told him that as he would not turn her (deceased) out of the house, he was ending the root. Saying so, he assaulted his wife Bhajan Kaur with BANKA on her neck and committed her murder. On the lodging of the such F. I. R. by informant Darshan Singh, a case was registered and investiga tion followed. The dead body of the deceased was sent by the Investigating Officer for post mortem which was conducted on 8-9-1994 at 3. 35 p. m. by P. W. 3 Dr. A. P. Sharma. The deceased was aged about 65 years and about 1/4 day had passed since she died. The following ante-mortem injuries were found on her person: 1. Incised wound 10 cm x 3 cm x bone deep present 4 cm below chin 3rd cervical Vertebra cut. All the structures anterior to vertebral column cut. 2. Incised would 15 cm x 4 cm x bone deep present on the neck on both sides 3 cm below injury No. 1. 5th cervical ver tebral cut. All the structures anterior to V. columns cut. 3. Incised wound 3 cm x 2 cm x bone deep present on left side of forehead ex tending to right side, artilery cut. Brain matter along with membranes also cut. Incised wound 12 cm x 2-1/2 cm x bone deep present on the left cheek.
(3.) INCISED wound 6 cm x 2 cm x 1 cm (bone deep) present on the left shoulder. Incised wound 2 cm x 1 cm x bone deep present 3 cm below injury No. 5.;