LAWS(SC)-2015-1-73

RATNESH KUMAR PANDEY Vs. STATE OF UTTAR PRADESH

Decided On January 15, 2015
Ratnesh Kumar Pandey Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) "The appellant is aggrieved by the judgment of the Division Bench of the High Court of Allahabad dated 15th December, 2009 (Reported in (2010 (3) ALJ (NOC) 291) passed in Criminal Appeal No. 3302 of 2003 confirming the conviction and sentence imposed on him under Section 302 of the Indian Penal Code. While convicting the appellant the Trial Court imposed a sentence of life imprisonment apart from fine of Rs. 10,000/- with default clause of one year rigorous imprisonment.

(2.) It is a case of circumstantial evidence.

(3.) According to the prosecution, the appellant was living alone with his wife, the deceased Suman in his first floor portion at A 353, Awas Vikas Colony, Tiwaripur, Gorakhpur, Uttar Pradesh and the ground floor portion was lying vacant. They got married on 17th September, 1999. The occurrence took place on the intervening night of 30th and 31st January, 2001 at around 04:00 a.m.