SHYAM BABU PRASAD YADAV ALIAS NAGRAJ Vs. STATE

JUDGEMENT

(1.) CRIMINAL Appeal No. 445 of 2006 is directed against the impugned judgment rendered by Additional Sessions Judge on 14. 12. 2005 in Sessions Case no. 93 of 2003 arising out of F. I. R. No. 146 of 2003, under Sections 302/201 IPC, registered at Police Station Nabi Karim whereby the appellant, Shyam Babu Pd. Yadav @ Nagraj, was held guilty for the murder of his wife, Gayatri Devi, and was sentenced to undergo imprisonment for life with a fine of Rs. 5,000/- under section 302 IPC and was further sentenced to undergo Rigorous Imprisonment for one year with a fine of Rs. 1,000/ -.

(2.) THE Prosecution case as emerged from the police report sent under Section 173 Cr. P. C as also found place in the impugned judgment is that the appellant was married to Gayatri Devi (since deceased ). She stayed at her matrimonial home for two years and on 20. 5. 2003, according to the Prosecution case, she was done to death by smothering at her matrimonial home. Thereafter, the appellant hooked the house on flames to give an impression as if the death had occurred because of fire in the house. Information about the said incident was received by the police station vide DD No. 19a, Exhibit PW 3/a, on which the investigation started. The investigation team reached the spot and carried out the investigation like taking of photographs, recording of statements of prosecution witnesses and sent the body for autopsy. After completion of the investigation, the charge sheet was filed and the appellant was put to charge to which the appellant pleaded not guilty and claimed trial.

(3.) PROSECUTION in order to bring home the guilt of the accused examined as many as 19 witnesses which included statements of neighbours of the deceased, police officials and doctors besides few friends of the deceased. PW-1, Kiran, is the landlady of the house, C-58, Chinnot Basti, where incident took place; PW2, Mamta, a friend of the deceased; PW-3, ASI Sunita, Duty officer, who proved DD No. 19-A, Exhibit PW 3/a; PW-4, Inspector Sanjeev Gupta, sho who proved Exhibit PW 4/a; PW-5, ASI Mahinder Singh, Duty Officer, who proved F. I. . R. Exhibit PW 5/a; PW-6 is SI S. R. Meena, PW-7 is Constable Vinod kumar, who proved photographs Exhibit PW7/a-1 to PW 7/a-12 and the negatives; pw-8, Head Constable Ramesh Tiwari, MHC (M) who proved Exhibits PW 8/a, PW 8/b, pw 8/c and PW 8/d; PW-9, Head Constable Ghan Shyam, who proved arrest memo exhibit PW 9/a and disclosure statement Exhibit PW 9/c; PW -10 Constable Prem, pw-11 Head Constable Hemraj and PW-12 SI Sanjeev Kumar, are formal witnesses. PW-13, Dr. Anil Aggarwal, Professor of Forensic Medicine, conducted the postmortem on the body of Gayatri and proved the report Exhibit PW 13/a; PW-14, si Mahesh Kumar, prepared scaled site plan Exhibit PW 14/a; PW-15 is ASI Vishnu dutt; PW-16 is Naresh Kumar, an eye-witness; PW-17, Surender Kumar, Assistant commissioner, S. D. M. ; PW-18, Inspector Banwari Lal, Additional SHO and PW-19, dr. D. Kuila, Junior Scientific Officer, CFSL, Calcutta.