JUDGMENT :

Shiv Shanker Prasad, J.

1. This jail appeal has been preferred by the appellant-Manoj Kumar Yadav challenging the judgment and order dated 10th April, 2015 passed by the Additional District & Sessions Judge, Court No.4, Kannauj in Sessions Trial No. 262 of 2011 (State Vs. Manoj Kumar Yadav), arising out of Crime No. 210 of 2011, under Section 304 I.P.C., Police Station-Tirva, District Kannauj, whereby the accused-appellant has been convicted and sentenced to undergo life imprisonment under Section 304 I.P.C. with fine of Rs. 5,000/-, in default thereof, he has to further undergo three months additional imprisonment.

2. We have heard Sri Sita Ram, learned Amicus curiae for the appellant in the present jail appeal and Ms. Archana Singh, learned A.G.A. for the State as also perused the material available on record.

3. Records of the present jail appeal reveal that on the written report (Exhibit-ka/1) dated 3rd July, 2011 of the informant-P.W.-1, namely, Mishri Lal, which was scribed by one Harinath Singh, a first information report was registered under Section 304 I.P.C. as Chik No. 154/11, on 3rd July, 2011 at 11:00 a.m. alleging therein that Ramkali wife of the informant along with her son i.e. accused appellant herein, went to in-laws’ place of her daughter, namely, Sidhashi wife of Raghvendra situated at village- Vilandapur, Police Station-Tirva, District Kannauj for treatment of the accused-appellant 10 to 12 days before. On 3rd July, 2022, at around 12.30 a.m. (00:30 hours) at night, during a fight, the accused-appellant hit a wooden stick on his mother i.e. wife of the informant as a result of which she died. As the dead body was lying on the spot, the informant came to the Police Station for giving information about the offence.

4. After lodging of the said first information report, the panchayatnama (Exhibit-Ka/2) of the deceased was conducted on 3rd July, 2011 at 12:00 p.m. (noon) after starting the process at 11:00 a.m. In the opinion of the Panch (Inquest) witnesses, the death of the deceased was homicidal on account of injuries caused to the deceased on her head. Thereafter the dead body of the deceased was sealed and sent to Mortuary for postmortem.

5. Dr. S.K. Singh (P.W.-4) conducted the post-mortem of the dead body on 4th July, 2022 at 02:30 p.m. and his report is on record as Exhibit-Ka-3 as per which the deceased was nearly 60 years of age and had died due to shock and hemorrhage as a result of following ante-mortem injuries:

“Lacerated wound left temporal region 5 cm. X 1 cm. underlying bone fractured and depressed;

(ii) Contusion right side forehead 7 x 2 cm. just above right eyebrow;

(iii) fractured ribs 4th , 5th and 6th left side chest.

6. Investigation proceeded and P.W.-5/Investigating Officer, namely, Sub-Inspector Parshuram Nirala has recorded the statements of the informant, scriber of the written report and other witnesses. The Investigation Officer went to the spot and prepared the chalan lash, photo lash. He also prepared site plan and collected plain earth, blood stained earth, blood stain from the cot and the stick containing blood, whereafter upon conclusion of statutory investigation under Chapter XII Cr.P.C., charge-sheet came to be submitted against the accused appellant by the Investigating Officer on 15th July, 2011 (Exhibit-Ka/11).

7. On submission of charge-sheet, the concerned Magistrate took cognizance in the matter and committed the case to the Court of Sessions by whom the case was to be tried. On 14th November, 2011, the concerned Court framed following two charges against the accused-appellant:

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