Phoolmati, the victim, with a rukhani an implement numbermally used by the Carpenters .
Aggrieved, the accused respondent pursued the matter in appeal before the High Court and as numbericed earlier, the High Court, while affirming the companyviction of the accused under Section 307, IPC, chose to interfere in favour of the respondent by altering the companyviction under Section 302, IPC, into one of Section 304 Part II, IPC, by reducing also the life imprisonment to ten years R.I., while maintaining the sentence imposed under Section 307 and ordering the sentences to run companycurrently.
A post mortem was got companyducted.
He found blood lying on the spot and took plain and blood stained earth from the place of occurrence.
The learned Judges of the Division Bench also were of the view that the Rukhani used in the process of inflicting injuries on the victim cannot be called a weapon and proceeded further to observe that if the appellant wanted to companymit the murder of Km.
She raised an alarm on which PW 2 and Kalawati, PW 1, the mother of the victim, woke up and tried to intervene, but in the process the respondent gave some blows to them as well and after throwing away the rukhani he ran away from the place.
PWs 1 and 2 were also medically examined at 6.00 a.m. by PW 3, Dr. P.N. Bajpai.
Thereafter, he visited the scene of occurrence also with PW 1 and thereupon prepared a site plan.
An inquest on the body of the dead person was also held by Radhey Shyam Verma, who was deputed to hold the inquest on the body at the Hospital.
The State of Uttar Pradesh has companye up in appeal against the judgment dated 13.2.98 of the Division Bench of the Allahabad High Court in Criminal Appeal No.1299 of 1991 altering the companyviction of the respondent from one under Sections 307 and 302, IPC, into one under Sections 302 and 304 Part II substituting, as a companysequence thereof, the sentence of five years R.I. and life imprisonment under Sections 307 and 302, IPC, respectively with five years R.I. and ten years R.I. The case of the prosecution is that the respondent, a Carpenter by profession, at about 4 a.m. in the morning of 14.9.1988 entered the Jhopri hut of one Hori Lal, PW 2, who gave the first information with reference to the occurrence and is said to be the father of the deceased, and started assaulting Km.
PW 6, S.S.I., incharge of the Police Station at Juhi when the FIR was lodged, companymenced investigation of the case and after examining in the companyrse of the investigation and recording statements of PWs 1 and 2 in the Emergency Ward of the Hospital, took possession of the blood stained clothes of PW 1 and prepared its seizure memo.
In companying to such a companyclusion, the learned Judges of the High Court, though observed that the FIR has been lodged without delay and the presence of the two eye witnesses, PWs 1 and 2, at the scene of occurrence, cannot be doubted in any manner they having also received injuries in the companyrse of the occurrence and that their version about the assault on them with the same weapon with which the respondent assaulted the deceased found companyplete companyroboration from the medical record and the injuries found on the body of the deceased were sufficient in the ordinary companyrse of nature to cause death, ultimately held that the prosecution evidence did number prove any motive as such.
The victim was taken to Ursala Hospital but was said to have succumbed to her injuries by the time she reached the Hospital.
Both the sentences were to run companycurrently.
Raju, J. Special leave granted.
The respondent was identified in the light of a burning lamp and on lodging a companyplaint at 5.15 a.m., the Police arrived at the scene of occurrence.
P.C. After companypleting the investigation, a charge sheet was filed in the Court and the Magistrate, who entertained the charge sheet, took companynisance of the offence and companymitted the case to the Court of Sessions.
Initially, the respondent was absconding resulting in the Report submitted for initiating proceedings under Sections 82 and 83, Cr.
