RAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Ibha Sinha, Amicus Curiae, appearing for the appellant, Syed. Ali Murtuza, learned A.G.A., and perused the record. This criminal appeal challenges the validity and correctness of the judgement and order dated 1.12.2000 passed by Vth Additional Sessions Judge , Farukkhabad, in S. T. No. 246 of 1999, convicting the appellant and sentencing him to life imprisonment along with fine of Rs. 10,000.00 U/S 302/120-B IPC. The judgment further provides that in case of default of fine, the accused/appellant will undergo 6 months additional imprisonment. The appeal has been filed on the ground that conviction of the appellant is liable to be set aside for the reason that the accused has been convicted without any evidence; that the deceased was allegedly murdered by the appellant and co-accused Km. Meena, is not worthy of conviction, in as much as, the co-accused has been acquitted, and that the motive assigned for murder being alleged illicit relations between the accused Ram Singh and Km. Meena, but there was no evidence on record to prove the same.

(2.) THE judgment impugned is also assailed on the ground that there are no eye-witness to support the prosecution story; that chain of circumstantial evidence is incomplete, and the FIR was not existing at the time inquest was made. Subedar Gulwant, P.W. 5, had informed the Kotwali Fatehgarh about the body of deceased Parvati Devi wife of Ram Singh in the evening of 18.4.1999 vide report no. 16 at 9.30 p.m. which was entered in the G.D. . However, the scribe of the FIR , Mukesh Dixit, who is alleged to have written the first information report of the father of the deceased as well as father of the appellant, has not been produced by the prosecution rendering the order of conviction illegal.

(3.) IT is further averred that father of Ram Singh came to Fatehgarh along with Parvati Devi to leave her with Ram Singh and he stayed there about 3 days, but Ram Singh did not agree to keep Parvati Devi as result of which father of Ram Singh had to leave Parvati Devi in her father's house. It is lastly stated in the written report that in the month of June, Ram Singh came to the village and he lived with Km. Meena. After great persuasion, Ram Singh brought his wife to Fatehgarh and then in a conspiracy with Km. Meena, he killed his wife Paravati Devi in the night of 17/18.4.1999. Sri Kalyan Singh father of the deceased got the report written by Mukesh Dixit, Civil Lines, Fatehgarh and handed it over to police station Kotwali, Fatehgarh on 19.4.1999, on the basis of which, Case Crime No. 174 of 1999 under Section 302, 120-B IPC was registered and chick report was prepared on the same date.