DHARAMVIR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been filed against order of conviction and sentence dated 18-11-1995 passed by II Additional Sessions Judge, Etah in S.T. No. 157 of 1994. Dharamvir Singh has been convicted under Section 302 I.P.C. and sentenced to undergo rigorous imprisonment for life and under Section 201, I.P.C. to undergo rigorous imprisonment for a period of 3 years and to pay a fine of Rs. 5,000.00 and in default of payment of fine to further undergo rigorous imprisonment for a period of one year. The learned Sessions Judge has directed that both the sentences passed under Sections 302 and 201, I.P.C. will run concurrently.

(2.) Murder of his own wife Smt. Anandi Kumari was allegedly committed by the appellant on 12-7-93 or before it. F.I.R. was lodged by her brother, Amar Singh at Police Station Kotwali, District Etah bearing crime No. 48 on 17-7-1993 at 9.30 p.m. under Section 364, I.P.C. against the appellant Dharamvir Singh and his father Naubat Singh. Later on the offence was converted in Sections 302, 364, 201 and 120-B, I.P.C. The dead body of Smt. Anandi Kumari could not be traced out.

(3.) Prosecution examined P.W. 1 Peetam Singh, brother of the deceased, who is witness of the fact that cruelty was done by the appellant on Smt. Anandi Kumari, P.W. 2 Asharfee Lal is a witness of criminal conspiracy, P.W. 3 Ramesh Chandra Pachauri is witness of extra-judicial confession made by the appellant Dharamvir, P.W. 4 Amar Singh, brother of the deceased, is informant and witness of cruelty, P.W. 5 Police Sub-Inspector Chote Lal Gupta and P.W. 6 Police Sub Inspector, Prayag Singh are Investigating Officers, C.W. 1 Km. Mahendra Verma is Oath Commissioner, C.W. 2 is Dr. Vinod Kumar Gupta, who had examined the injury of Smt. Anandi Kumari earlier on 19-9-1986 in District Hospital, Etah and C.W. 3 is Constable Deo Singh.