RAMAYAN Vs. STATE OF U.P.

JUDGEMENT

(1.) The appeal has been preferred by the appellant-Ramayan against the judgment and order dtd. 29/9/2016, passed by learned Additional District and Sessions Judge/F.T.C.-II, Kushinagar in Session Trail No. 02 of 2011 (State of UP vs. Ramayan), arising out of Case Crime No. 445 of 2009, under Ss. 498-A, 306 Indian Penal Code, 1860 (in short ''I.P.C.'), Police Station- Turkpatti, District Kushinagar whereby the appellant is convicted and sentenced for the offence under Sec. 302 I.P.C. for life imprisonment with a fine of Rs.50,000.00 and in default of payment of fine, further imprisonment for two years.

(2.) Brief facts of the case giving rise to this appeal are that a written report was submitted by informant-Anil (brother of the deceased) at police station Turkpatti, District Kushinagar with the averments that marriage of his sister Sundarmati was solemnized with the accused-Ramayan before six years of the occurrence. Accused used to torture his sister regularly. On 7/6/2009 at about 3:00 PM, his sister died due to burn injuries and dead body of the deceased is lying in the room. On the basis of aforesaid written report, a case crime no.445 of 2009 was registered under Ss. 306 and 498-A I.P.C. and the investigation had taken place. During the course of investigation, I.O. visisted the spot and prepared the site plan. Inquest proceedings were conducted and inquest report was prepared. After that, the dead body was sent for post-mortem where post-mortem was conducted by the concerned doctor and post-mortem report was prepared.

(3.) Investigating Officer has recorded the statement of witnesses under Sec. 161 Cr.P.C. and after completion of investigation, I.O. has submitted the charge sheet against the accused-appellant, Ramayan under Ss. 306 and 498-A I.P.C. The matter being exclusively triable by the court of sessions, which was committed to the court of sessions where learned Trial Judge framed the charges against the accused-appellant under Ss. 306 and 498-A I.P.C. Accused-appellant denied the charges and claimed to be tried.