(Delivered by Hon'ble Mrs. Ranjana Pandya, J.)

1. The present appeal has been preferred against the judgment dated 06.05.1982 passed by First Additional Sessions Judge, Bahraich, whereby the accused appellant was found guilty under Section 302 and 392 I.P.C. and was convicted and sentenced to undergo life imprisonment under Section 302 I.P.C., and three years R.I. under Section 392 I.P.C. Both the sentences were to run concurrently.

2. Brief facts of the case as unfolded in the first information report and the prosecution case is that the informant Barati Lal presented a written report dated 18.12.1979 to the S.O., P.S. Hardi, District Bahraich stating that he is resident of Katkauiya, P.S. Hardi, District Bahraich. On 17.12.1979 at about 12 O'clock in the day time, he had gone to the market for some purchase, when after sun set, he returned from the market to his house he found that his mother was not present in the house. His mother was aged about 60 years. He tried to trace his mother but he could not trace her. On the next date i.e. on 18.12.1979 in the morning, he left his house to find his mother he was being accompanied by Ram Naresh and Pyare Lal. While searching his mother, at about 12 O'clock in the day time when he reached the Arhar field of Nankau, he found that the dead body of his mother was lying there. Her neck was slitted. The informant left the dead body of his mother under the supervision of the villagers and went to the police station to lodge his report. This written report was proved by informant PW-1 Barati Lal as Exhibit Ka-1. Later on the same day i.e. 18.12.1979, the informant submitted information about the missing of jewellery of his mother. On the basis of this first information report, chick report was lodged by Head Constable Jagdish Singh. This chick report was proved by I.O. Hari Nath Tiwari as Exhibit Ka-3. Head Moharrir Jagdish also entered the ingredients of the chick report in the G.D. which was proved by PW-5 as Exhibit Ka-4.

3. Investigation was entrusted to PW-5 Hari Nath Tiwari who recorded the statement of the informant at the police station. After that he proceeded for the spot. The dead body of the deceased was lying in the field of Nankau. This witness appointed the Panch and prepared the inquest report. Photo and challan of dead body were proved as Exhibits Ka-5 to Exhibit Ka-7. This witness had further sealed the dead body and sent it for post-mortem along with necessary papers. He further collected the blood stained and ordinary earth from the place of occurrence. Again recorded the statement of the informant on the spot. Further recorded the statements of Radhey Shyam and Maula on 20.12.1979.

4. The I.O. tried to apprehend the accused on 19.12.1979 but he could not be traced. On 26.12.1979, he got information from the informer that the accused was likely to come from the side of Vanshpurva. At this, the I.O. took two public witnesses and after some time when the accused came from the side of Vanshpurva, he was apprehended by the I.O. The accused revealed to the I.O. that he had buried the ornaments of the deceased inside his 'Madha' and he could take them out and hand it over to the I.O. The accused was taken to the relevant place and on his pointing out there was recovery of one 'Hasuli' and Bangles of the deceased which were proved as Exhibits 1 to 7. This witness prepared the memo of recovery on the spot and proved it as Exhibit Ka-2. On 19.12.1979, this witness inspected the spot, prepared the site plan and proved it as Exhibit Ka-8. On 26.12.1979, the statement of Bankey Lal witness was recorded and after investigation on 24.01.1980, charge sheet was submitted against the accused which was proved as Exhibit Ka-9.

5. Witness Bankey Lal PW-3 has proved the recovery memo as Exhibit Ka-2. Radhey Shyam was produced by the prosecution who identified the jewellery worn by the deceased. PW-3 Bankey Lal was also produced by the prosecution who proved the recovery memo. PW