(1.) The additional Sessions Judge, Court No. 9, Bijnor passed judgment and order of conviction dtd. 12/2/2013 against the accused/ appellant Anil Kumar in Sessions Trial no. 837 of 2010 (State Vs. Anil Kumar) under Sec. 302 I.P.C (arising out of case crime no.290/2010), P.S.-Mandawar, District-Bijnor and sentenced to him to undergo life imprisonment and further imposed fine of Rs.20,000.00 and in default six months additional simple imprisonment, hence this appeal.
(2.) As per the case of prosecution deceased Archana, daughter of informant Jai Prakash, who had a betel shop, was married with accused-Anil Kumar about 15 years before the occurrence. Accused used to make a demand of Rs.5.00 lac for his business. On 18/8/2010 at about 5.00 p.m. when Archana went to the shop of accused to take a gas cylinder, a quarrel took place between the accused and the deceased and accused inflicted injury upon the deceased with Patal (a sharp edged weapon). Meanwhile Jai Prakash-informant, Jaiwati wife of informant and his son Govind Kumar came on the spot and the accused fled away with the murder weapon. A written report Ex.A-17 regarding the occurrence was given to the police station by the informant Jai Prakash on 18/8/2010 at 18.10 p.m. on the basis of which chick FIR Ex.A-8 was registered and G.D. Ex.A-9 was prepared and investigation of the case started. Smt. Archana died of the injuries during treatment. The I.O. recorded the statements of eye-witnesses, informant and other witnesses. The inquest report Ex.A-2 and the papers required for post mortem Ex. A-3 to A-7 were prepared by S.I. Ram Kishun Manik. During investigation the accused was arrested with the murder weapon, which was blood stained, by the I.O. The victim of the occurrence was examined by doctor Anuj Kumar at District-Ghaziabad on 18/8/2010, who prepared the injury report Ex.A-10 and found following injuries on the body of the deceased:
(3.) During examination the injured died on 18/10/2010 at 6.50 p.m. The doctor opined that injury no.3 and 4 were grievous in nature and rest of the injuries were simple injuries. The injuries were fresh and caused by sharp edged object.