VIJAY SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Y. R. Tripathi, J. The two appellants aggrieved from their conviction and sentence recorded by Shri Suresh Kumar Saxena, the then Ist Addl. Sessions Judge, Kanpur Dehat on 4-5-1996 in S. T. No. 293 of 1994 have preferred this appeal.

(2.) APPELLANT Vijai Singh resident of village Soharamau P. S. Soharamau, District Unnao has been convicted of the offences under Sections 302 IPC and 201 IPC and has been sentenced to undergo imprisonment for life under Section 302 IPC and five years rigorous imprisonment with a fine of Rs. 2,000 under Section 201 IPC. In default of payment of fine has been directed to undergo a further sentence of six months simple imprisonment. The other appellant Anil Kumar Singh having been convicted of the offence under Section 201 IPC has been sentenced to five years rigorous imprisonment and to pay a fine of Rs. 2,000 and in default of payment of fine to undergo six months simple imprisonment. The learned trial Court has also directed that the amount of fine realised shall be paid to the mother of the deceased and that the sentences awarded to appellant Vijai Singh on two counts shall run concurrently.

(3.) ACCORDING to the Medical Officer conducting post-mortem examination, the deceased had died two days before due to asphyxia as a result of her ante mortem strangulation. The police of P. S. Sohramau after investigation presented charge-sheet against the appellants which resulted in their trial and conviction and punishment as aforesaid, dissatisfied from which the appellants have come up in this appeal.