SUNIL Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this Appeal is to the verdict of conviction recorded by Addl Sessions Judge Kanpur Nagar vide judgment and order dated 21.12.2009 whereby the Appellant who was arraigned of offences under Section 302/309 and Section 25/4 Arms Act has been visited with the punishment by awarding sentences of imprisonment for life studded with fine totaling Rs. 11,0,00/-for the offences aforesaid.

(2.) The informant/complainant in the case is Smt Maya Devi who gave a written report at the police station Chakeri Kanpur Nagar on 22.3.2008 at 11.30 am alleging therein that her son namely Sunil Appellant in this case had a row with her daughter Anita, who refused to give in before the demand of the Appellant for Holi expenses and infuriated over refusal, the Appellant assaulted the Anita, and two daughters of Sunita who was a divorcee, (Saloni aged about 8 years and Pragiya aged about one year) with a Chopper (an edged weapon) and thereafter, he also attempted self immolation by striking himself with a razor on his neck. She further alleged that people of the locality removed the accused/Appellant to hospital. This incident, it is stated in the written report, was witnessed by her, her daughter Sunita and several people of the localities.

(3.) The investigation of the case was taken by Smt Asma Majid, S.H.O Police Chakeri who rushed to the spot and recorded the statements of the ocular witnesses, prepared site plan, collected blood smeared and simple earth and prepared memo. Thereafter, she went to Haillat Hospital where the accused was undergoing treatment and put him under arrest. Thereafter she recorded statement of the accused and on his pointing out, the weapon of attack was recovered and prepared recovery memo in the presence of the witnesses. The investigating officer also recovered the razor on his pointing out and also prepared recovery memo. The investigating officer also prepared inquest report and other papers on the spot and sent the dead bodies for post mortem examination. She also prepared various papers which were marked as exhibits Ka 19 to Ka 28 and after completion of investigation, the charge sheet was submitted in Court. The case was in due course committed to the court of Sessions and thus, the trial commenced. The trial court after evaluating evidence of the witnesses recorded verdict of conviction against the Appellant as stated supra.