(1.) This appeal is against the judgment and order of conviction and sentence dtd. 12/1/2006 passed by the Additional Sessions Judge (Fast Track Court), Court No. 1, Pilibhit in Sessions Trial No. 695 of 2004 whereby, the appellant has been convicted under sec. 302 I.P.C. and sentenced to imprisonment for life with fine of Rs.5,000.00and on default of payment of fine, additional six months imprisonment. INTRODUCTORY FACTS
(2.) On a written report (Exb. Ka-1), lodged by Surendra Singh (PW-1), the brother of the deceased, on 28/6/2004, at 17:35 hours, a Chik FIR (Ex. Ka-4) was prepared by PW-5, giving rise to Case Crime No. 54 of 2004, under Sec. 302 I.P.C., at P.S. Hazara, District Pilibhit. The prosecution case, in brief, is that informant's elder sister Banso Bai (the deceased) was married to the appellant (Charan Singh) twelve years ago; she had five daughters and a son; the appellant used to suspect and taunt the deceased of being unchaste and treated her with cruelty; in the evening of 27/6/2004, the deceased and the accused had a fight; in the night of 27/28/6/2004, deceased's neighbours Darshan Singh (PW-3) and Parsa Singh (PW-4), at about 2.00 am, heard noises; upon which, PW-3 and PW-4 went to the spot to notice that the appellant was strangulating the deceased; that, by the time they could come to the rescue of the victim, she was dead and the appellant escaped. It was claimed that after receipt of the above information from PW-3, PW-1 (informant) went to the house of the deceased to confirm the news and, upon finding her sister dead, the report has been lodged.
(3.) The inquest was conducted by 19:50 hours on 28/6/2004, which was witnessed by PW-1 (Surendra Singh-informant); Jarnail Singh (not examined); Satnam Singh (not examined); Puran Singh (not examined) and Resham Singh (not examined). The inquest report (Exb. Ka-2) was prepared by PW-6.