SHANKAR YADAV Vs. STATE OF U P

JUDGEMENT

(1.) THE present appeal has been filed against the judgment and order dated 27 -10 -2004 passed by IV Additional and Sessions Judge, Meerut in S.T. No. 694/93 whereby the appellants has been convicted under Section 302 I.P.C. and sentenced to undergo rigorous imprisonment for life.

(2.) THE brief facts of the case is mentioned in the first information report lodged by Moti Lal are that he was working in the Diwan Rubber Factory, Rithana. About one and a half year back he alongwith his wife Rita Devi was living in the house of Ramji Lal in village Rithani. Shanker Yadav s/o Ram Nath r/o Chapa P.S. Chapa District Bilaspur, Madhya Pradesh works in Rithani Bolt Factory. He also lives in the same house. About ten days back in his absence Shanker Yadav has caught hold of the hand of his wife Rita Devi with an intention of molesting her and she has scolded him. His wife has told him about this occurrence.

(3.) SHANKER Yadav had left the place after placing the mosquito net on the cot. It is further alleged in the report that she had witnessed the occurrence in the electric light. He alongwith his sister saw his wife after removing the mosquito net and found his wife lying dead on the cot. Thereafter he went to Keshav Prasad and narrated the occurrence and lodged the report.