UPENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal from jail by appellant questions the judgment and order of conviction and punishment dtd. 24/1/2020 and 28/1/2020, respectively, passed by Additional District and Sessions Judge/Fast Track Court No. 1, Amroha in Sessions Trial No. 196 of 2017, convicting the appellant under Ss. 302 and 376 I.P.C. and punishing him with death penalty and fine of Rs.50,000.00 under Sec. 302 I.P.C. and imprisonment for life and fine of Rs.50,000.00, coupled with a default sentence of one year additional imprisonment, under Sec. 376 IPC. As death penalty has been awarded, the court below has sent a reference for confirmation of death penalty which has been registered as Reference No. 3 of 2020.

(2.) Considering the nature of the offence, the name of the victim, members of her family and witnesses of that village has not been disclosed and therefore, wherever required, they have been described either by an alphabet or witness number.

(3.) (i) The prosecution case has its genesis in a written report dtd. 24/2/2017 (Exb. Ka-1), lodged by PW-1 (husband of the victim), scribed by PW-2 (nephew of PW-1), which was registered as Case Crime No. 170 of 2017 at P.S. Nawgawa Sadar, District Jyotibaphule Nagar at 17.35 hrs on 24/2/2017 of which the Chik FIR (Exb Ka-7) was proved by PW-7 (Santosh Kumar Singh). In the FIR, PW-1 alleged that his wife (victim), on 24/2/2017, at about 2 pm, went to the field to harvest mustard crop. When she did not return, PW-1 went in search of her. During search for the victim, PW-3 (a lady) informed PW-1 that she saw two men taking the victim into the field of X. On receipt of information when the field of X was scanned, at about 4.00 pm, in between standing sugarcane crop of X, the victim was found lying dead with clothes torn. By alleging that PW-4 (grandson of PW-1) had informed the informant of having seen the appellant with another man running away, FIR was lodged against the appellant and one unknown person.