KALLOO Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal is against the judgment and order dtd. 4/3/2009/6/3/2009 passed by the Additional Sessions Judge, Lalitpur in S.T. No.15 of 2005, arising out of case crime no.382 of 2004, P.S. Bar, district Lalitpur, whereby the appellant Kalloo @ Kalyan Singh has been convicted and sentenced as follows: imprisonment for life as well as fine of Rs.10,000.00, coupled with a default sentence of 2 year, under Sec. 302 IPC; 3 years R.I. as well as fine of Rs.5,000.00, coupled with default sentence of 1 year, under Sec. 201 IPC. Both sentences to run concurrently. INTRODUCTORY FACTS

(2.) On 11/11/2004, at 5.10 a.m., the appellant gave a written report (Ex. Ka-4) at P.S. Bar, District Lalitpur, which gave rise to Case Crime No.382 of 2004 vide GD report no.6 (Ex. Ka-3) of which Chik FIR (Ex. Ka-2) was prepared by PW-11 at the specified date and time above. In the written report (Ex. Ka-4) the appellant alleged that last night (i.e. night of 10/11/11/2004), at about 10 pm, he and his two sons, namely, Harpal Singh (elder son - PW-13) and Tilak Singh (younger son- not examined), had gone to watch Ramleela. When they returned back, they found informant's (i.e. appellant's) wife (Smt. Babboo Raja, aged 32 years), dead with injuries on her face and Rs.27,000.00 cash, one gold mangalsutra, a silver anklet and half Kardhani (waist band) missing. Alleging that due to fear the informant did not come to report in the night, the written report, which was scribed by Hariram Upadhyay (PW-5), was submitted.

(3.) After registration of the first information report, inquest was conducted at the spot and was completed by 9 am on 11/11/2004. Out of the five inquest witnesses, two have been examined, namely, Hariram Upadhyay (PW-5) and Lakhan Lal (PW-4). On 11/11/2004 itself, the investigating officer lifted from the spot blood stained /plain earth, three broken teeth and one wood plank (weapon of assault), measuring one feet in length, 3 inch in width and 1 inch in depth, as also two earrings of yellow metal, in respect of which a seizure memo (Ex. Ka-13) was prepared.