NIRMAL Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal is against the judgment and order dtd. 19/10/2015/ 27/10/2015 passed by the Additional Sessions Judge, Court No.2, Maharajganj in S.T. No.111 of 2013, arising out of Case Crime No.133 of 2013, P.S. Thuthibari, District Maharajganj, whereby the appellant (Nirmal) has been convicted under Ss. 302, 307, 342 IPC and sentenced as follows:- Imprisonment for life as well as fine of Rs.25,000.00, coupled with a default sentence of one year, under Sec. 302 IPC; imprisonment for life as well as fine of Rs.24,000.00, coupled with a default sentence of one year, under Sec. 307 IPC; and one year R.I. as well as fine of Rs.1,000.00, coupled with a default sentence of two months, under Sec. 342 IPC. All sentences to run concurrently.

(2.) On 14/3/2013 at 8.30 hours, a written report (Ex. Ka-1) thumb marked by Poonam (PW-1), scribed by Zakir Ahmad (PW-3), was lodged by Virendra (PW-2), father of Poonam, giving rise to Case Crime No.133 of 2013 at P.S. Thuthibari, District Maharajganj of which GD entry, vide report No.12 (Ex. Ka-5), and Chik FIR (Ex. Ka4) was prepared by Constable Ram Adhar (PW-5). In the written report it was alleged that informant - Poonam (PW-1) was married to the accused - Nirmal (the appellant) seven years ago; out of that marriage, she had two sons, namely, Nilesh (deceased no.1- D-1), aged about 5 and a half years, and Niwas (deceased no. 2- D-2), aged about 3 years; that the accused used to suspect informant's character and allege that those children were not his and therefore the informant should go away with her children or else she as well as her sons would be killed; that this fact was communicated by the informant to her parents but they used to counsel her to have patience; that on 13/3/2013, the accused Nirmal killed his children at about 11.10 am and also inflicted knife blow on informant's neck and left after shutting the door from outside; however, later, in the night people admitted her in the hospital therefore, now she is lodging the report for appropriate action.

(3.) Upon registration of the case, Bhagwati Singh (the investigating officer - I.O.) (PW-6) visited the spot and carried out inquest of the two deceased, namely D-1 and D-2. The inquest of D-1 was completed by 10.50 hours on 14/3/2013 of which an inquest report (Ex. Ka-9) was prepared. One of the inquest witnesses to the report is Mahendra (PW-8). Similarly, inquest of D-2 was completed by 13.30 hours on 14/3/2013 of which an inquest report (Ex. Ka-15) was prepared by PW-6. On 14/3/2013 itself, the I.O. carried out separate inspection; prepared site plan (Ex. Ka -4); lifted plain earth and blood stained earth from the spot of which a seizure memo (Ex. Ka-6) was prepared and also collected murder weapon (a knife) of which seizure memo (Ex. Ka-5) was prepared.