SANTOSH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mrs. Swati Agrawal Srivastava, learned counsel for the appellant, Sri Nagendra Kumar Srivastava and Sri Rupak Chaubey, learned A.G.As for the State.

(2.) The present appeal challenges the judgment and order dated 6.9.2011 passed by Additional Sessions Judge/Special Judge (E.C. Act), Gorakhpur in Sessions Trial No.68 of 2010 convicting and sentencing the appellant alone under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') for life imprisonment with fine of Rs.2,000/- and, in case of default of payment of fine, further to undergo imprisonment for one month.

(3.) Factual data as culled out from the record is that a First Information Report being Case Crime No.664/2009 was lodged on 18.4.2009 at Police Station Khorawar, Gorakhpur on the complaint made by one Jitendra Kumar Sahani s/o Dheesh Rawat, resident of Domar Ghat, Police Station Khajni, Gorakhpur who stated that his sister was married to Santosh s/o Bhagwan Kewat, Village Dumri Tola Bakhariya, P.S. Khorawar, Gorakhpur three years ago and in the F.I.R. it was mentioned that the in-laws of the deceased were demanding sum of Rs.50,000/- time and again and when their demands were not fulfilled, his sister was being harassed and on the intervening night of 17/18.2.2009 at about 2.00 a.m. the accused-appellant along with Jhinak, Bhagwan, Rajmati and Tetari did the death of her sister by strangulating her with saree and thereafter hanged her.