BRAJ MOHAN GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant jail appeal has been preferred by appellant Braj Mohan Gupta convicted by judgement and order dated 9.12.2003 passed by the Addl. Sessions Judge, F.T. Court No. 2, Basti, in Sessions Trial Nos. 63 of 2003 and 426 of 2002. The appellant has been convicted under Sections 302, 307 IPC and has been sentenced to undergo imprisonment for life under Section 302 IPC but no separate punishment was awarded under Section 307 IPC.

(2.) In brief, the facts are that the appellant Braj Mohan Gupta is the husband and his wife Sangita is the deceased. FIR was lodged on 10th September, 2002 at 15.40 hours by one Shyam Lal Yadav (P.W.-1) (village chaukidar Rudhauli) at P.S. Rudhauli stating therein that in the morning, it came to his knowledge that the wife of accused Braj Mohan Gupta had died in the night due to burn injuries. On enquiry, the daughter of the accused disclosed that her father had burned her mother who was admitted in hospital. The incident took place on 9.9.2002.

(3.) On the basis of written report Ext. Ka-1, constable Jitendra (P.W.-8) recorded chick report Ext. Ka-11 and registered the case under Section 307 IPC against the appellant at Crime No. 168 of 2002, and made an entry in the general diary of the police station. The investigation was handed over to S.I. Ram Suresh Rai (P.W.-10).