SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
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Monday, October 24, 2022
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to marry Manju and his wife Sangeeta was opposing him to get married. He has
further deposed in his examination in chief that when he reached the village of the
accused appellant, he saw that the son of Ramanand was sitting on Ramanand's lap
and Ramanand was crying and talking to his son saying that he had killed his mother
and sisters. In his cross examination, he has deposed that when the accused appellant
visited his house at 6 : 30 in the morning, he noticed that there was blood on his shirt
and pant. He has further deposed in his cross examination that he had informed the
police officers that the accused appellant had visited his house at 6 : 30 in the
morning.
37. What emerges from the evidence of the PW-4 is that on 22.01.2010, the
accused appellant had visited the house of the witness at 6 : 30 in the morning and
made an extra judicial confession about the alleged crime before him. We are not
prepared to even believe the testimony of the PW-4. We shall assign reasons a little
later as to why we are not ready to believe the PW-4, Babu Ram Hans.
38. The prosecution has examined the PW-5, Dr. A.K. Sharma who conducted the
post mortems of the deceased Lakshmi, Kajal and Chhoti @ Guddi resply. Dr. Sharma
in his examination in chief has deposed that on 23.01.2010, he was posted as a
radiologist at the District Mahila Chikitsalaya, Lakhimpur. On that day, three dead
bodies were brought to the hospital for post mortem. He has deposed that he had
performed the post mortems of all the three dead bodies. He has recorded the injuries
noticed by him in the post mortem reports of each of the three deceased persons.
According to Dr. Sharma, the cause of death of all the three deceased persons was
shock and haemorrhage as a result of the ante mortem injuries. He has deposed that
he also noticed post mortem burn injuries on all the three dead bodies. He has
deposed that the injuries could have been caused by a sharp-edged weapon like
Banka.
39. Nothing turns around so far as the evidence of the PW-5, Dr. A.K. Sharma is
concerned.
40. The prosecution has examined the PW-6, Uma Shankar Mishra. At the relevant
time, the PW-6, Uma Shankar Mishra was serving as the Sub-Inspector, Chowki incharge Bahjam, Police Station Neem Gaon, District Lakhimpur Kheri. He has deposed
that on 24th of November, 2010, he was posted at the Dhaurhara Police Station.
According to him, the accused appellant was arrested on 24.11.2010 and was taken in
custody. While in custody, the accused appellant is said to have made a statement on
his own free will and volition to show the place where he had hidden the weapon of
offence i.e. Banka and his blood stained clothes. According to the PW-6, upon such
statement being made by the accused appellant, he along with the investigating
officer, PW-7 left for the place as led by the accused appellant. On the way, the PW-6
is said to have picked up PW-2, Chhatrapal son of Rameshwar and Pratap son of
Asharfi Lal, both residents of Naamdar Purwa to act as the panch witnesses for the
purpose of drawing the discovery panchnama. According to the PW-6, the accused
appellant led the police party to a coriander field and took out the weapon of offence
i.e. Banka and also the blood stained clothes. The discovery panchnama was
accordingly drawn under Section 27 of the Evidence Act, 1872. We do not propose to
look into the cross examination of the PW-6 as there is hardly anything in the cross
examination and not relevant for our purpose.
41. The prosecution has examined the PW-7, Inspector Yogendra Singh as the
investigating officer. The PW-7 in his examination in chief has deposed that he had
recorded the statements of the PW-2, Chhatrapal Raidas and others on 23.01.2010. He
has deposed that he arrested the accused appellant on 24.01.2010. He has deposed
that he recorded the statements of the PW-3 and PW-4 resply on 25.01.2010. Nothing
turns around in the cross examination of the PW-7, Yogendra Singh.
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