JUDGMENT :

Shiv Shanker Prasad, J.

1. This jail appeal is by the accused-appellant Munna Lal challenging the judgment and order dated 28th January, 2009 passed by the Special Judge (E.C. Act), Mirzapur, in Sessions Trial No. 229 of 2007 (State Vs. Munna Lal Patel) arising out of Case Crime No. 433 of 2007, under Sections 302 I.P.C., Police Station-Kachhawan, District Mirzapur, whereby the accused-appellant has been convicted and sentenced to undergo life imprisonment for the offence punishable under Section 302 I.P.C. with fine of Rs. 10,000/-, in default thereof, to further undergo two years additional imprisonment.

2. We have heard Mr. C.L. Chaudhary, learned Amicus Curiae, appearing for the accused-appellant and Kumari Meena, learned A.G.A. for the State.

3. The prosecution case proceeds upon a written report dated 13th July, 2007 (Exhibit-Ka/1) of first informant, namely, Badama Devi (P.W.-1) scribed by Daya Sanker Singh, son of Lalman Patel resident of Village Diyav Raghauna, Police Station Kachhawan, District Mirzapur, on the basis of which the first information report (Exhibit-ka/11) got registered as case crime no. 433 of 2007 under Section 302 I.P.C. on the same day at 13:25 p.m. The report has been proved by P.W.-1 in which it has been alleged that the marriage of her daughter, namely, Rekha Devi (since deceased) aged about 24 years was solemnized with the accused-appellant three years ago and her daughter has a baby girl of about 8 to 9 months. Rekha came and was staying at her house for the last 15 days and the accused-appellant was also staying at her house since 2 to 3 days. The accused-appellant used to crack indecent jokes with her second daughter, namely, Sulekha (P.W.-2) on which the deceased used to feel bad and object due to which there was altercation and quarrel between the husband and wife. It is alleged that yesterday i.e. 12th July, 2007, also on the same issue an altercation took place between them. Last night, when the accused-appellant and the deceased were sleeping in the same room, at around 3 to 4 o'clock in the night, the deceased screamed on which she, her second daughter Sulekha (P.W.-2) and Ajay woke up and went there and saw that the accused-appellant had killed the deceased by pressing her mouth. When the accused-appellant was going to perform the last rites of the deceased, she and villagers objected and stopped the same. Since the accused-appellant has murdered the deceased by strangulating her, her report be lodged and appropriate action be taken. It is further alleged that on raising her alarm, her neighbour Ramjatan son of Bhukkhal and Munnalal son of Basant came to the spot at the time of incident.

4. After registration of the aforesaid first information report, the investigation proceeded in the matter and the Sub-Inspector Suresh Rai (P.W.-7) after entering the chick first information report and the written report of the first informant/P.W.-1 in the Case Diary, has recorded the statement of first informant/P.W.1, P.W.-2 and son of P.W.-1 Ajay (not produced) under Section 161 Cr.P.C. at the police station. After recording the same, P.W.-7 reached the place of occurrence along with the first informant/P.W.-1 and on her pointing out, P.W.-7 has prepared the site plan (Exhibit-ka/13).

5. On the instruction of Naib Tehsildar Manoj Kumar Tiwari (P.W.-4), the inquest proceedings of the deceased were conducted on the same day i.e. 13th July, 2007, which commenced at 19:30 p.m. and concluded at 20:30 p.m. The inquest report (Exhibit-ka/3) has been prepared by P.W.-7 on dictation of P.W.-4. The Inquest witnesses opined that since the death of the deceased Rekha seems to be dubious, therefore, for ascertaining the exact cause of death, post-mortem be got conducted. The dead body of the deceased was then sealed and sent to Mortuary.

6. The autopsy of the dead body of the deceased Rekha has been done on 14th July, 2007 at 04:00 p.m. by the Autopsy Surgeon, Dr. H.R. Maurya, Medical Officer (P.W.-3) alo