Hon’ble Vinod Prasad, J.—Sheo Prasad appellant was prosecuted under Section 302 IPC before Sessions Judge, Mirzapur for committing the murder of Smt. Sukhni and was convicted and sentenced to imprisonment for life, vide judgment and order dated 19.12.1981 passed in S.T. No. 2 of 1981 State v. Sheo Prasad. Challenge has been made to the aforesaid conviction and sentence through the instant appeal.

2. The prosecution case as gleaned from the FIR was that on 30.9.1980 in the after noon Smt. Sukhni (deceased) who was the aunt (Barki Mai) of the informant Jamuna P.W. 1 had gone to Bichhi river for bathing accompanied by Smt. Sita Pati (P.W. 3), wife of the informant Jamuna Prasad as it was Jeutia festival. While they were returning to their house after bathing, at about sunset near Sidho tree the appellant, who bore enmity because of ghoulish suspicion encircled Sukhni (deceased) who yelled out for help. Informant Jamna Prasad, Chatur and servant Daya Shankar rushed who were in cattle shed and witnessed that Smt. Sukhni was being assaulted by the accused appellant with Balua while Smt. Sita Pati was shrieking. Informant and other witnesses challenged the accused, who took to his heels towards jungle and could not be apprehended. The deceased died on the spot because of the murderous assault. Later on, certain villagers gathered there. The informant Jamna Prasad scribed the FIR, accompanied by watchman Rama Pati P.W. 4 went to the Police Station, 30 miles north and lodged the FIR Ex. Ka-1 on the following day 1.10.1980, at 9.30 A.M. at Police Station Pipri, district Mirzapur.

3. Ram Awadh Singh P.W..5, prepared the chik FIR Ex. Ka 2 and GD entry Ex. Ka 3. Investigation was started by S.I. Mahendra Narain Misra P.W. 9, In-charge Renukoot Police Outpost who after copying FIR and GD accompanied by six constables proceeded for spot taking S.I. Dal Singar Yadav and constable Tej Narain as well. At 3 P.M. at Beena Ghat he met the informant and watchman waiting for the boat. He recorded their statements and proceeded further and at 5 P.M. reaching Rohwa Ghat at 11 P.M. and night halted there. Next morning at 4 A.M. he started for the place of incident and reached there at 8 A.M., where he found the dead body of the deceased in the keeping of the villagers. He conducted the inquest Ex. Ka 9 prepared other relevant papers Ex. Ka 10 to Ka 12 and after sealing the dead body dispatched it for post mortem through constables Ram Nayan and Sheo Murat Singh P.W. 8. He also recovered one dhoti and petticoat stained with blood and prepared its recovery memo Ex. Ka 13. He conducted the spot inspection, prepared site plan Ex. Ka 14, made recovery of the blood-stained cloth vide fard Ex. Ka-15 and then affected the arrest of the accused from his house wearing lungi and underwear. As the underwear was stained with blood spots, the same was also taken in custody vide fard Ex. Ka 16. At the instance of the accused he also recovered the weapon of assault (Balua) stained with blood and prepared its recovery memo Ex. Ka 6. The site plan of the place of recovery is Ex. Ka 17. Concluding the investigation, he filed charge sheet Ex. Ka 18.

4. Autopsy on the body of the deceased was conducted by Dr. Mahendra Kumar Singh P.W. 7 on 3.10.1980 at 10.30 A.M. The deceased was aged about 40 years and had died 2-1/2 days prior. He found the following ante mortem injuries on her body :

1. Incised wound 4 cm. x 1 cm. x bone depth on the nose cutting the nasal bone and nose.

2. Incised wound 4 cm. x 1 cm. x 1 cm. depth on the mouth cutting upper jaw and upper lip.

3. Incised wound 14 cm. x 1 cm. x 1 cm. depth on the neck front and left side cutting the hyoid bone and vessels.

4. Incised wound 10 cm. x 2 cm. x 1 cm. depth in front of left, shoulder joint.

5. Incised wound 8 cm. x 2 cm. x 1 cm. depth in front of right shoulder joint.

5. On internal examination, he found lungs to be congested, I and II molar teeth were missing. In his opinion, the cause of death was shock