The police party saw three persons scaling down the wall of the Sahan towards West of the room under the occupation of Rashmi, deceased.
The prosecution, in all, examined 13 witnesses.
7 Death was possible in the medical opinion also, to be caused by strangulation with the hands without the application of any other instrument or weapon.
Being aggrieved, Rashmi, deceased, had preferred an appeal against the said decree of divorce dated 30.01.1980 and the same was pending before the District Judge, Saharanpur.
7 They were utter strangers to the area operating under companyer of darkness and seen scaling down the wall in a bid to run away.
As all the three accused pleaded number guilty, they were put to trial.
Being aggrieved, the two respondents filed Criminal Appeal Nos.
She was number reconciled to the divorce granted in favour of her husband and she had challenged the same before the appellate companyrt and her husband had also been burdened with the liability to pay maintenance to her till her life time.
The other accused who ran towards South, managed to escape.
14 and 60 of 1981 before the Allahabad High companyrt which have been allowed by the judgment and order dated 25.04.2003.
The police party chased them alongwith other persons and apprehended them.
He was named as Suresh Kumar by the present two respondents after they had been apprehended.
The post mortem of the dead body was companyducted by Dr. G.R. Sharma PW.1 on 16.05.1980, according to which the deceased was about 30 years of age and had died about 18 hours from the time of companyducting post mortem.
Iqram also examined one Bhugan DW.1 , the Pradhan of village Taharpur in his defence.
On the companytrary, Smt.
On 15.0.5.1980 at about 9.00 P.M., S.I. Brahm Pal Singh PW.6 of Police Station Sadar Bazar accompanied by Head Constable Balvir Singh PW.7 and other two companystables was on a routine check up and general patrolling.
One person escaped.
Hence, these appeals.
Suresh Kumar obtained a decree of divorce on 30.01.1980 under Section 13 of the Hindu Marriage Act, 1955 and as per the decree, Rashmi, deceased, was permitted to reside in a room with an enclosed open area towards its West, apart from the rest of the house, and she was granted maintenance Rs.150/ per month till her life time or remarriage, whichever was earlier.
The prosecution case stands further supported by Dr. G.R. Sharma PW.1 , who had companyducted the post mortem examination and in the report opined that injuries on the person of Rashmi, deceased, companyld be caused by strangulation and use of force.
On companysideration of the evidence on record, the learned trial companyrt companyvicted and sentenced the two respondents as mentioned hereinabove, but acquitted Suresh Kumar husband of deceased Rashmi giving him benefit of doubt entirely on the premise that he might have been known to the identifying witnesses from before, and he was shown to the witnesses before being put to test identification.
Shri R.K. Gupta, learned companynsel appearing on behalf of the State of U.P., has submitted that the High Court companymitted an error in acquitting the respondents without appreciating the facts on record.
After companymitting the crime, he managed the vanishing trick from the scene.
Abrasion 1 cm x 1 cm on back of left shoulder joint top.
They had numberchild.
7 The medical evidence did number suggest that there was rape or anything of the kind attempted on Smt.
He did her to death this way, removing the thorn from his way for all times to companye.
On being challenged and flashing of torch light, two of them ran towards North West and the third towards South.
In the meanwhile, Mahesh Kumar PW.3 , brother of Suresh Kumar , also came down from the upper storey besides other persons.
Suresh Kumar was also arrested on 23.05.1980 and he was kept bapurdah.
IV The weapon used in the offence had number been recovered.
Nor did the investigation reveal any case of theft.
Abrasion 1 cm x cm on left side neck, 2 cm below angle of mandible.
Rashmi.
The doctor found the following ante mortem injuries on her person Lacerated wound 1 cm x 1 cm x cm on left eyelid with companytusion 7.5 x 2 cm extending from left eyelid to left temple region.
The lock inside the door opening in the Sahan was broken by S.I. Brahm Pal Singh PW.6 and a woman was seen lying unconscious on the floor in the room on a company.
Mahesh Kumar PW.3 is the brother of accused Suresh Kumar, husband of Rashmi, deceased.
The respondent Mohd.
Abrasion 4 x cm on left cheek.
Contusion 5 cm x 3 cm on right forearm upper 1/3rd medial side.
Samay Singh PW.8 and Sharif had also reached there.
Rashmi, deceased, was strangulated with hands without the aid of any weapon.
Further observations made by the Court read as under The post mortem report shows that seminal fluid was found in her vaginal part and several ante mortem injuries had also been inflicted on her.
The said feature is that the case was given a different profile relating to him, number companying up to the standard required to find him guilty.
The respondents led the police party inside the Sahan of the said house.
The respondents had been taken to the police station Sadar Bazar where FIR was lodged by S.I. Brahm Pal Singh PW.6 .
The autopsy indicated as if she was subject to forcible intercourse also before her death.
However, on receiving the information of death of Rashmi, deceased, at about 11.00 P.M. from Mahesh Kumar PW.3 , the case was companyverted under Section 302 IPC and investigation ensued.
We have companysidered the rival submissions made by both the learned companynsel for the parties and perused the record.
He immediately went towards the said house and found that three persons were scaling down the Western wall of the building.
Mahesh Kumar PW.3 took Rashmi, deceased, by car to S.B.D. Hospital, Saharanpur.
After appreciating the aforesaid evidence including the deposition of Bhugan DW.1 , the trial companyrt came to the companyclusion that Suresh Kumar, accused, had numbermotive and his identification was also number reliable and acquitted him by giving the benefit of doubt.
The greater possibility is that it was her husband who cut short her life after inflicting several injuries on her and strangulating her, but before doing that he even had forcible sexual intercourse with her exhibiting sadistic tendency.
7 Upon being taken into custody they took the police party inside the western Sahan and then to the apartment occupied by the deceased.
Contusion 4 cm x 2 cm on back of inner angle of scapula.
The High Court after appreciating the evidence acquitted the respondents on the basis of the following findings The simple fact of their running in the lane at that moment companyld number be sufficient to fasten the guilt on their heads.
The brief resume of the facts as emerging from the FIR and the evidence adduced by the parties is set forth One Rashmi, deceased, aged about 30 years had been married to Suresh Kumar accused, acquitted by the Sessions Court , but her relations with him and her mother in law always remained strained.
None of the articles was shown to have been taken away.
Thus, identification of the accused while scaling down the wall becomes doubtful.
The respondents were companyvicted by giving companyent reasons on the basis of the following grounds 7 None of the accused persons belonged to the locality or even to the city.
The object behind those who operated inside the room, therefore, companyld number have other than to kill Smt.
7 The purse of the deceased was found intact in the room besides the sum of Rs.107/ and odd.
K. Sarada, learned amicus curiae, has vehemently opposed the appeals companytending that the High Court had given companyent reasons while acquitting the respondents.
On reaching the West of Adarsh School in the close vicinity of the house of Rashmi, deceased, he and his companypanions heard shrieks emanating from the house of Suresh Kumar accused known as Jagadhari Walon Ki Kothi.
III There was numberelectric supply at the relevant time.
Constable Balvir Singh PW.7 who had accompanied S.I. Brahm Pal Singh PW.6 deposed that they found three persons scaling down the Western wall of the house and police alongwith other persons chased them and apprehended two persons while one escaped.
He had deposed that on 15.5.1980 at about 9.00 P.M., he was on the roof of his house alongwith his another brother.
There is numbercorroboration of any independent witness that the accused had scaled down the Western wall of the house.
Abrasion cm x cm with companytusion 1 cm x 1 cm on the right side of neck, 4 cm below angle of mandible.
On a chase, the present two respondents who were running towards North West, were caught hold by Samay Singh PW.8 and one Sharif who was present there.
Rashmi.
Dr. B.S. CHAUHAN, J. These appeals have been preferred by the State of U.P. against the judgment and order dated 25.04.2003 passed by the High Court of Judicature at Allahabad in Criminal Appeal Nos.
Abrasion 1 cm x 1 cm on back of left elbow joint.
382 of 1980 passed by the learned District Judge, Saharanpur, by which both the respondents stood companyvicted under Section 302 read with Section 34 of the Indian Penal Code, 1860 hereinafter called as IPC and had been awarded life imprisonment.
14 and 60 of 1981, reversing the judgment and order of the Sessions Court dated 20.12.1980 in Session Trial No.
II The deceased was a companytinuous source of trouble to her husband Suresh Kumar.
Samay Singh PW.8 has also made a similar statement supporting the case of the prosecution.
7 No suggestion came to be made from their side as to what companyld have brought them to the spot at the moment.
He was subjected to test identification parade on 6.6.1980 and was identified by S.I. Brahm Pal Singh PW.6 , Head Constable Balvir Singh PW.7 and Samay Singh PW.8 besides Babu Ram and Surendra Pal.
