SUNIL Vs. STATE OF U.P.

JUDGEMENT

(1.) Present criminal appeal, under Sec. 374(2) Cr.P.C., has been preferred before this Court, on behalf of appellant, Sunil, challenging the judgement and order dtd. 29/11/2006, passed by Additional District and Sessions Judge, Court No.3, Bulandshahar, Sessions Trial No.972 of 2006 (State Versus Sunil) in Case Crime No.117 of 2006, u/s 452 and 449 I.P.C., Police Station Khurja, District Bulandshahar, wherein the accused/appellant has been convicted under Ss. 302 and 449 I.P.C. and sentenced to undergo life imprisonment with fine of Rs.5,000.00 for the offence punishable under Sec. 302 I.P.C., and to serve out seven years imprisonment with fine of Rs.3,000.00 for the offence punishable under Sec. 449 I.P.C. In default of payment of fine, the appellant was directed to undergo additional simple imprisonment of one year for the offence punishable under Sec. 302 I.P.C. and six months' additional simple imprisonment for the offence punishable under Sec. 449 I.P.C. Both the sentences were directed to run concurrently.

(2.) Succinctly, the prosecution story, as projected in F.I.R., undisputed facts and other material on record, is that on 15/7/2006 at about 9.30 p.m. complainant Vinod Kumar s/o Natthi Singh, R/o Mobarikpur, Police Station Khurja Dehat, District Bulandshahar, presented a Tehrir, scribed by Jai Prakash Singh and signed by the complainant, in Police Station Khurja, in respect of an incident, alleged to have occurred on 15/7/2006 at about 7.30 p.m., unravelling therein the fact that on the fateful day he had gone to Khurja at about 3.00 p.m. to collect his wages. At about 7.30, in the evening, when he returned at his home, he saw that Sunil s/o Badam Singh, hailing from Village Bagrai Khurd, after flinging his wife Kunti Devi, down on the ground, inside the house, was inflicting blows on her head and face, with a brick. His co-villagers Heera Lal and Ved Ram are brothers-in-law of the father of Sunil. Hence he used to visit their house frequently. Sunil had done to death his wife Kunti, by causing injuries on her head and face. On her shriek and wailing, Devkaran, Sukhdeo and several others, of his vicinity gathered on the spot. Looking to the gathering of people and his insipid position, the accused- Sunil disappeared from the place of occurrence, giving a push to the complainant. There was no animus and animosity between Sunil, as well as with his family members and complainant. Sunil had struck severely with brick on the head and face of his deceased wife Kunti Devi on account of some abrupt wrangling over some issue.

(3.) On the basis of aforesaid Tehrir (Ext. Ka-1), Criminal Case Crime No. 117 of 2006 under Sec. 304 and 452 I.P.C. was registered at the Police Station Khurja Dehat, against accused Sunil. The entries were drawn in Kaimi G.D. No. 39 dtd. 15/7/2006, at 21.30 hours and simultaneously Chik F.I.R. (Ext. Ka-12), was prepared. Initially the investigation was entrusted to Sub Inspector, Daya Chand Satsangi.