LAWS(ALL)-2021-2-71

HANSRAJ SINGH Vs. STATE OF U P

Decided On February 23, 2021
HANSRAJ SINGH Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) Heard Shri Vindeshwari Prasad, learned counsel for the appellant and learned A.G.A. for the State.

(2.) This appeal, arises out of judgment and order dated 13.04.2015 passed by court of Additional Sessions Judge, Kaushambi, in Sessions Trial No. 218 of 2008, (State Vs. Hansraj Singh) arising out of Case Crime No. 181 of 2008, under Sections 302, 307 I.P.C., Police Station- Sarai Akil, District- Kaushambi, whereby the accused has been convicted for life imprisonment for commission of offence under section 302 I.P.C. with fine of Rs.10,000/- and for seven years for commission of offence under section 307 I.P.C. with fine of Rs.5,000/- and further period of 6 months additional imprisonment in default payment of fine.

(3.) The F.I.R. shows that deceased who was the wife of the appellant was in the matrimonial home; when her dead body was found and the accused Hansraj was found running from his house at night and on his way he injured Shiv Singh with the intention to cause his death. The F.I.R. was lodged on 15.5.2008. The informant of the incident is one Shiv Karan Singh who heard the sound of shouting and when he looked at Hansraj's house he saw his cousins Vinod Singh and Yogendra Singh and other people running towards Hansraj's house. The accused was seen running out from his house with a dagger in his hand and her wife Rannodevi was found lying dead on the floor. On his way running through the field Hansraj also assaulted at his uncle Shiv Singh. The accused Hansraj had distrust on the character of his wife with one Vinod Singh who happens to be his cousin brother and for this reason the accused Hansraj committed the alleged offence. After occurrence of the said incident the police started investigation and led the charge-sheet.