1. This criminal appeal has been preferred against judgment and order dated 27.8.1998 passed by Spl/Addl. Sessions Judge, Shahjahanpur in Sessions Trial No. 821 of 1995 (State of U.P. Vs. Anant Ram), under Section 302 I.P.C. and 4/25 Arms Act PS-Sehramau South, District–Shahjahanpur, by which the appellant Anant Ram was convicted and sentenced to Life Imprisonment under Section 302 I.P.C. and three years' of rigorous imprisonment under Section 4/25 Arms Act.

2. Heard Ms. Dr. Abida Syed, learned counsel for the appellant (Amicus Curiae) and Shri Ajit Ray, learned A.G.A. and perused the record.

3. The brief facts of the case are that-the complainant Gajju Lal s/o Shobha Jatav, resident of village Pasgawan, PS-Sehramau South, District-Shahjahanpur filed written report Ex. Ka1 scribed by Shyamlal that the accused appellant Anant Ram s/o Sukkha, resident of village Pasgawan abducted Pakhi, the wife of his younger brother Daya Ram about four months ago. The accused and Pakhi returned back to the village after one month. After her return Pakhi remained with his younger brother Daya Ram but the accused Anant Ram used to meet Pakhi regularly and wanted to abduct Pakhi again but Pakhi resisted him. On 8.7.1995 at about 2:30 p.m. when Pakhi was going to make natural call in the field of Matloob Khan, the accused Anant Ram caught her and stabbed her many times with a knife. At the time of incident, the complainant and his younger brother Daya Ram were sitting on chabutra under peepal tree belonging to Jagnay and on seeing the occurrence they rushed to save Pakhi and in the mean time Anant Ram also stabbed himself with the same knife and fell down on the ground. Pakhi died instantly. The knife was lying near Anant Ram. The body of Pakhi and injured Anant Ram were lying on the spot. Many people had gathered there.

4. On the basis of written report Ex. Ka1, the case was registered in crime no. 86/95 under Section 302 I.P.C. and Chick F.I.R. Ex. Ka16 was prepared. Rajpal Singh (P.W.5) took this investigation in his hand and reached on the spot with police force and started the process of inquest and the body of Pakhi was sent for postmortem. He, with the help of constable Ram Kishan and Hazari Lal, prepared the concerned documents i.e. Panchayatnama Ex. Ka6, Photo Lash Ex. Ka7, Letter R.I. Ex. Ka8, Challan Lash Ex. Ka9, Letter C.M.O. Ex. Ka10, Seal sample Ex. Ka11. The witness also stated that he took the blood stained and simple earth from the spot and prepared a fard Ex. Ka12. He also prepared a fard of old steel kettle Ex. Ka13. He also took knife Ex.1 in possession, prepared fard Ex. Ka14. He inspected the spot and prepared site plan Ex. Ka15 where knife was found. This witness further deposed that he recorded the statement of accused on 9.7.1995. The witness also proved the Chick F.I.R. Ex. Ka16 prepared by H.M. Rajveer Singh and G.D. no.27 Ex. Ka17 dated 8.7.1995 which was written and signed by H.M. Rajveer Singh. He also proved the Chick F.I.R. Ex. Ka18 under Section 4/25 Arms Act and G.D. no.6 as Ex. Ka19, and also proved the spot map where this incident occurred as Ex. Ka20. Witness also proved the knife Ex.1 and kettle Ex.2. After completing the investigation he submitted charge-sheet (Ex. Ka3) under Section 302 I.P.C. against the accused.

5. Case of the accused was committed to the court of sessions for trial by Sri Ram Prakash Gupta, the then A.C.J.M.II, Shahjahanpur on 9.11.1995.

6. The accused was charged under Section 302 I.P.C. and under Sections 4/25 Arms Act by Sri R.K. Sharma, the then IV Addl. Sessions Judge, Shahjahanpur on 5.12.1995. The accused pleaded not guilty to the charge and claimed to be tried.

7. The prosecution has examined complainant Gajju Lal P.W.1, Daya Ram P.W.2, Dr. H.D. Kapoor P.W.3, S.I. Latoori Singh P.W.4, S.I. Rajpal Singh P.W.5 in support of its case.

8. P.W.4 S.I. Latoori Singh proved the charge-sheet Ex. Ka3 filed under Section 4/25 Arms Act. He also proved the map Ex. Ka4 and further deposed that after

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