LAWS(UTN)-2003-5-7

SUNIL KUMAR Vs. STATE OF UTTARANCHAL

Decided On May 13, 2003
SUNIL KUMAR Appellant
V/S
STATE OF UTTARANCHAL Respondents

JUDGEMENT

(1.) APPELLANT has been convicted and sentenced to life imprisonment under section 302 LPC. per judgment and order dated 16.05.2001 passed by the then Addi­tional Sessions Judge, Kashipur, dis­trict Udham Singh Nagar in session trial No. 39 of 2000.

(2.) BRIEFLY stated the prosecution case was that appellant is the adopted son of complainant Subhash Chandra. Complainant's first wife had died. His second wife Smt. Shashi was pregnant when the occurrence took place. Ac­cording to prosecution complainant and his adopted son, the appellant were not at peace due to some fam­ily dispute and appellant was made to leave the house by the complainant about a week before the occurrence and since then he was residing in a room separately. Appellant used to give threat to kill the complainant and his wife. The appellant had even pil­fered the locks of the shop of the com­plainant and was reprimanded for this act by the complainant.

(3.) REPORT of the occurrence, Ext. ka. 1 was lodged by the complainant at the police station the same day at 3.30 PM. and investigation was en­trusted to sub-inspector Mohd. Anis who on completion of the investigation submitted charge-sheet against the ap­pellant.