RAKESH KUMAR DWIVEDI Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a jail appeal by accused appellant Rakesh Kumar from judgment and order dated 15th of May, 2000 passed by Ist Additional Sessions Judge, Kanpur Dehat in Sessions Trial No. 121 of 1998, State v. Rakesh Kumar Dwivedi, convicting the accused appellant under Section 302 IPC and sentencing him to imprisonment for life and a fine of Rs. 5000 thereunder.

(2.) BRIEF facts giving rise to this appeal are that at about 11.20 a.m. on 13th of September, 1997 Ram Sewak lodged an FIR (Ext. Ka - 1) at police station Deorahat District Kanpur Dehat alleging that Rakesh Kumar Dwivedi used to suspect the fidelity of his wife Malti Devi and beat her now and then; that for the last 2 -4 days dispute was going on between them; that at about 8.00 a.m. that very morning Rakesh Kumar Dwivedi assaulted his wife causing fatal injuries to her and fled away and that the said incident was witnessed by several co -villagers including Laltu, the village Chaukidar. The police registered a crime under Section 307 IPC against the accused and made entry regarding registration of the crime in the general diary (Exts. Ka -2 and Ka -3).

(3.) AUTOPSY conducted on the dead body of Malti Devi by Dr. N.K. Jaiswal Radiologist UHM Hospital Kanpur on 14th of September, 1997 at about 11.10 a.m. revealed an ante -mortem incised wound 9 cm x 3 cm x bone cut (second cervical vertebrae) on upper part right side of neck 1 cm below the right ear (right ear lobule also cut). All structure muscles, artery and veins, nerve and bones were cut on right side of neck.