RAJ KISHORE Vs. STATE OF U. P.

JUDGEMENT

(1.) We have heard Sri Amit Tripathi for the appellant; Sri Amit Sinha, learned AGA, for the State and have perused the record.

(2.) This appeal is against the judgment and order dtd. 21/2/2008, passed by Sessions Judge, Etah in Sessions Trial No.655 of 2003, arising out of Case Crime No.62 of 2003, police station Bagwala, district Etah, whereby the accused-appellant has been convicted under Sec. 302 IPC and punished with imprisonment for life and fine of Rs.5,000.00 coupled with a default sentence of two years R.I.

(3.) The FIR of the case was lodged by Virendra Singh (PW-1) vide written report (Exb.Ka-1) dtd. 23/7/2003 scribed by Rahees Ahmad (not examined), which was registered as Case Crime No.62 of 2003 at police station Bagwala, district Etah on 23/7/2003 at 18.20 hrs. The GD entry (Exb.Ka-3) of the written report and the chik FIR (Exb.Ka-2) was prepared by PW-3 at the time and date specified. The allegation in the FIR is to the effect that informant's sister-in-law Anima (the deceased) was married to Narendra. Narendra used to work as a labour in Delhi whereas his elder brother Raj Kishore @ Pappu (the accused-appellant) used to stay in the village and was addicted to liquor. It is alleged that the appellant used to harass the deceased Anima for money and used to pester her for money sent by her husband. According to the allegations, few days before the incident, Narendra (husband of the deceased) had sent money to Anima. The accused-appellant asked Anima for the money. When Anima refused, she was assaulted. On 23/7/2003 i.e. the date of the incident, the informant (PW-1) and his wife Anita (PW-2) came to know that the accused-appellant was assaulting Anima. On getting information, the informant and his wife Anita, at about 2.00 pm, rushed to Anima's house. There they noticed that the accusedappellant was coming out of the hut on the first floor of the house and running away. When they went up-stairs, they noticed that Anima's body was lying with injury marks on her neck. The FIR was lodged by alleging that the accused-appellant has killed Anima.