MANOJ Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri. Prashant Kumar Singh, learned counsel for the appellant, Ms. Usha Kiran, learned A.G.A. for the State and perused the record. The appeal challenges the validity and correctness of the impugned judgment and order dated 20.9.2002 passed by the Additional Sessions Judge, Court No. 14, Meerut in S.T. No. 519 of 2000, State v. Manoj, convicting and sentencing the appellant under Section 302, I.P.C. to undergo life imprisonment and fine of Rs. 5,000 and in default to pay fine to further undergo six months' imprisonment. All the sentences were ordered to run concurrently.

(2.) THE prosecution story in nutshell is that a written report on the dictation of Munish Johnson son of Sri. E.W. Johnson was penned down. It was submitted on 18.1.2000 by the first informant/complainant Colvin Singh son of Sri. Arthar Singh resident of 29 Ektapuram, Meerut to the SHO police station Civil Lines. Meerut inter alia that his daughter Doris was married to Manoj son of Sri. Ram Swaroop resident of Ektapuram, Meerut about 9 years back. She was being harassed by her husband, who was not providing her house -hold expenses and threatened many a times to drive her from the house. It was also averred that on 18.1.2000 he was informed that his daughter Doris has been found dead hanging from the ceiling fan in the house of Manoj. When he reached there he came to know that Manoj had killed her and then hanged her body from the ceiling fan.

(3.) THE post -mortem examination on the cadaver of deceased Smt. Doris was conducted on 19.1.2000 at about 3.00 p.m. On examination her age was determined to be about 30 years, who had died about a day and half earlier. Her tongue protruded out with Lips, nails ecchymosised and eyes congested.