GANESH Vs. STATE

JUDGEMENT

(1.) This is an Appeal against the judgment dated 6th July, 2001 and order on sentence dated 9th July, 2001 whereby the Appellant Ganesh was convicted for the offence punishable under Section 302 of the Indian Penal Code (for short the Code.) and was sentenced to undergo rigorous imprisonment for life with fine of Rs.2,000/- and in default to undergo Simple Imprisonment for three months.

(2.) On receipt of DD No.11-A dated 22.03.2000 recorded at Police Station Geeta Colony that dead body of a woman was lying in house No.15/28, Geeta Colony, SI Satender Mohan reached the spot alongwith Const. Sheikh Sazid. He found that dead body of a woman aged 26-27 years was lying in the room/shop on the First Floor of the aforesaid house. Saliva was found to have come out of the mouth of the deceased.

(3.) Inspector T.R. Mudgal, SHO Police Station Geeta Colony and the Assistant Commissioner of Police also reached the spot. Sub-Divisional Magistrate, Gandhi Nagar was informed and he also reached there. Inquiries were made from Mr. Sharvan Kumar son of Laxman Das, r/o 15/2, Geeta Colony, who was the landlord of the premises as also from the neighbours. It was revealed that the deceased was the wife of one Ganesh (the Appellant), resident of Village Lanhua, District Badayun, U.P.