MUKESH NUT Vs. STATE OF U P

JUDGEMENT

(1.) The above jail appeal emanates from the judgment and order dated 15.9.2007 rendered by Additional District and Sessions Judge Agra in ST No.72 of 2006 whereby the appellant has been convicted under Section 302 IPC and sentenced to imprisonment for life and a fine of Rs.5000 with default stipulation.

(2.) The accused is husband who is alleged to have murdered his wife on 26.11.2006 at 2 p.m. in Kiraoli Tahsil District Agra. The FIR of the case was lodged by Rinku, brother of deceased Sanju.

(3.) A brief resume of prosecution case is that the complainant and his brothers were dealing in scrap materials in Kiraoli and they had settled at Kiraoli after migrating from Etawah. A week prior to the occurrence, accused Mukesh, his brother-in-law, and deceased Sanju, his sister also arrived at Kiraoli from Etawah and started living in a rented room at Kiraoli. It is alleged that Mukesh was addicted to liquor and also used to indulge in gambling and he used to harass and humiliate Sanju on account of the fact that she was unable to bear a child for him even after elapse of 4-5 years of marriage. On the day of occurrence, accused made a telephonic call to the complainant on Mobile of one Ravi stating that he was far away and that the complainant should go to his house in order to ensure whether everything was going well there. On this telephonic call, the complainant alongwith his brother Manoj went to the house and found the door bolted from outside. When the door was forcibly opened, they found de- ceased lying supine on the floor and she had been strangulated by a piece of Sari of yellow colour and blood was oozing from her nose. It is further alleged that thereafter a search was made for the accused but he was nowhere traceable. On the basis of written report, a case under Section 302 IPC was registered.