LAWS(ALL)-2010-5-107

AMRESH ALIAS TANNEY Vs. STATE OF UP

Decided On May 03, 2010
AMRESH @ TANNEY Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) The instant appeal is against judgment and order dated 18.5.2006 passed by the District and Sessions Judge, Jalaun at Orai convicting the Appellant under Section 302, I.P.C. and sentencing him to undergo life imprisonment in Session Trial No. 134 of 2004 State v. Amresh alias Tanney.

(2.) The Appellant is husband of the deceased Smt. Rekha Rani. The occurrence is alleged to have taken place in the intervening night of 3/4.3.2004 in the house where the Appellant and deceased used to live, which is a portion of Post Office Daulatpur. The deceased was working as Branch Post Master. A written report was given at police station Kuthaund on 5.3.2004 at 6.30 a.m. by father of the deceased Arvind Kumar Bajpayee which was registered as Case Crime No. 12 of 2004, under Sections 302/307, I.P.C. at Police Station Kuthaund, District Jalaun, which is Ex. Ka-3. Ex. Ka-1 is an information given by Ranvir Singh P.W. 7 Up Mandal Nirikshak Postal Department, which is a written report on 4.3.2004 at 16.00 p.m. prior to the registration of the F.I.R. The same was entered in G.D. No. 19.

(3.) Inquest on the body of the deceased Smt. Rekha Rani was performed on the basis of aforesaid information and post-mortem was conducted on 5.3.2004 by Dr. L. R. Pal P.W. 9 at 2.15 p.m. Following ante-mortem injuries were found on the body of the deceased which resulted in shock and haemorrhage and consequent death.