LAWS(ALL)-2002-12-69

UTTAM KUMAR DEVNATH Vs. STATE OF UTTAR PRADESH

Decided On December 16, 2002
UTTAM KUMAR DEVNATH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Appellant Uttam Kumar Devnath has been convicted under Section 302, I.P.C. and sentenced to life imprisonment by judgment dated 23-1-1986 passed by Sri P.K. Dikshit, the then Sessions Judge, Mathura in Sessions Trial No. 234 of 1985. The charge was that he murdered his own wife Smt. Kajal.

(2.) Shortly stated, the material facts leading to this appeal are these. The deceased Smt. Kajal was the wife of appellant and both of them used to live in the compound of Madan Mohan Ji Ghera, P.S. Vridavan, District Mathura. He committed her murder by strangulation on 25-5-1985 at about 2 p.m. in his house in which both of them resided on rent. The report was lodged the same day at 3.30 p.m. by PW 2 Karen Adhikari having got it scribed by PW 1 Sanatan Kishore Goswami. Karen Adhikari is the husband of the cousin sister of the deceased and lived in the same locality a little distance away. About 4-5 months before the incident also, the couple had quarrelled and on learning about it, PW 2 Karen Adhikari had intervened and advised them to live peaceably. It, however, did not have any effect on the appellant.

(3.) On the fateful day at about 2 p.m. he was again informed by someone about the appellant and his wife quarrelling. Thereupon, he reached their house and found the same to be closed from inside. Smt. Kajal was inside the room and was crying which had attracted other witnesses also who gathered around the house. After sometime, the cries of Smt. Kajal were silenced, Karen Adhikari and others knocked at the door of the appellant but it was not opened. Then PW 2 Karen Adhikari, PW 5 Deenbandhu and other witnesses collected near the window which was on the back side of the room tenanted by the appellant. The appellant jumped from the side window and ran away. He was, however, apprehended by Karen Adhikari, Deenbandhu and others at the door of Madan Mohan Temple. He also allegedly made a confession to them that he had murdered his wife by strangulation as she used to always quarrel with him. He went to the police station along with the appellant where the F.I.R. was lodged. A case was registered and investigation followed which was conducted by PW 6 S.I. Subedar Singh.