(Delivered by Hon. Om Prakash-VII, J.)

This Criminal Appeal has been preferred by the appellants Jageshwar and Daya Ram against the judgment and order dated 8.9.1982 passed by Vth Additional Sessions Judge, Fatehpur in S. T. No. 380 of 1981 (State Vs. Jageshwar and others) pertaining to crime No. 110 of 1981, under Sections 302/120-B of the Indian Penal Code (in short "the IPC"), Police Station Kotwali, district Fatehpur whereby the accused appellants have been convicted under Section 302/34 IPC and sentenced to undergo for life imprisonment. Co- accused Ram Lakhan has been acquitted by the trial court.

The prosecution story, in nutshell, is as follows:-

On 6.3.1981, one Ram Lakhan, husband of the deceased, moved a written report (Ex. Ka 3) at police station concerned mentioning therein that in the previous night informant was present in his flour mill with his partner Bhagwan Deen Murai. At about 6 A.M. when he came to his house then he found that several persons were present at his residence. Smt. Media, wife of the first informant was lying dead on the cot. Meera, aged about 10 years, daughter of the first informant, and his wife Smt. Media both were present in the house in the night. Meera, informed to the first informant that in the midnight one Jageshwar son of Chhedua and Daya Ram son of Chandra Pal Murai had committed the murder of the deceased by strangulating her to death. It is also mentioned in the F.I.R. that he does not know why they have committed the murder of his wife. The informant had sold potatoes amounting to Rs. 4,000/- eight days prior to the incident and deposited the amount of sale proceeds towards the loan of Baroda Bank and the Gramin Bank, Fatehpur. Thus prayer was made to lodge the F.I.R. and to take action. Dead body of the deceased was lying on the spot.

On the basis of Ex. Ka -15, the written report, F.I.R. was lodged at police station concerned on 6.3.1981 at 9.15 A.M. against the accused appellant Jageshwar and Daya Ram under Section 302 IPC and the investigation was entrusted to Sub Inspector K. P. Tripathi (P.W.-6). The chick F.I.R. is Ex. Ka-15. The G.D. Entry was also made at the same time which is Ex. Ka-16. Investigating Officer reached on the spot and prepared the inquest report (Ex. Ka-4). He had also prepared the photo nash (Ex. Ka-8); Form No. 13 (Ex. Ka-9); letter to police station Kotwali, Fatehpur (Ex. Ka-10); sample seal (Ex. Ka-11) and also other police papers. Investigating Officer had also recovered hair said to be of the accused persons from both the palm and near the neck on the cot of the deceased and prepared memo (Ext. Ka.-7). Dead body was also kept in sealed cover preparing the sample seal (Ex. Ka-11) and was dispatched to the mortuary for post mortem through constables CP 18 Arjun Prasad and Constable CP 27 Sheo Shankar Lal, Police Station Kotwali, Fatehpur.

In the post mortem report it was shown that the deceased was aged about 25 years and was of average built body. Time of the death was about 1-1/2 days. Rigor mortis was present in the upper and lower limb. Eyes were closed.

Doctor has found the following ante mortem injuries on the body of the deceased.

1.Contused abrasion 6" x 2-1/2" over the front and lateral side of the neck.

2.Hyoid bone fractured.

Membrances were found congested. Extravasation of blood into subcutaneous tissue underneath the abraded contusion and also in the muscles of neck. No defect in the small intestine and large intestine was found. Small intestine was empty. Some faecal matter was found in the large intestine. Spleen and kidney both were found congested. Bladder was full of urine. As per Doctor, the deceased died due to asphyxia as a result of strangulation.

With the permission of the Chief Judicial Magistrate the Investigating Officer had also taken the sample of hair of both the accused and after keeping them in a sealed cover sent to the Forensic Science Laboratory along with the hair recovered from the body of the deceased