AMIT KUMAR Vs. STATE

JUDGEMENT

(1.) AMIT Kumar is aggrieved by the judgment dated September 24, 2013 convicting him for offences punishable under Sections 302 IPC and 25 Arms Act for the murder of his wife Shalu and the order on sentence dated September 30, 2013 whereby he has been directed to undergo imprisonment for life and to pay a fine of Rs. 10,000/ - and in default of payment of fine to further undergo Simple Imprisonment for six months for offence punishable under Section 302 IPC and imprisonment for six months and to pay a fine of Rs. 1,000/ - and in default of payment of fine to further undergo Simple Imprisonment for one month for the offence punishable under Section 25 Arms Act.

(2.) LEARNED counsel for Amit Kumar assails the impugned judgment on the ground that in the incident Amit Kumar was also affected as he was unconscious for quite some time. Amit had no role to play in the incident as he was travelling with Shalu and their young son while the incident took place. Before he could realise what had happened he fell unconscious. There is no recovery of weapon of offence at the instance of Amit Kumar. The recovery of one live and one empty cartridge at the instant of Amit has been falsely foisted on him. The family of Shalu has falsely implicated Amit. They have not been able to prove the motive. In the absence of any evidence to connect Amit Kumar with the offence committed the conviction cannot be sustained. Hence Amit Kumar be acquitted.

(3.) THE Board of doctors consisted of Dr.Sunil PW -26, Dr.Akash Jhanjee PW -30 and Dr.Vinay Kumar Singh PW -34 conducted the post mortem. They exhibited the report vide Ex.PW -26/A and noted the following injuries: