DIWESH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Mrs. Soniya Mishra, Advocate holding brief for Sri Rajiv Mishra, learned counsel for the appellant, Sri Sharad Dixit, learned A.G.A. for the State were heard.

(2.) Instant criminal appeal has been preferred by appellant -Diwesh Kumar challenging the judgment and order dated 24.10.2007 passed by learned Additional Sessions Judge, Court No. 3, Hardoi, in Sessions Trial No. 463 of 2006, relating to Case Crime No. 329 of 2006, under Sec. 302 IPC, Police Station Mallawan, District Hardoi, whereby the appellant Diwesh Kumar was convicted for the offence under Sec. 302 IPC and was sentenced with imprisonment for life and also with fine of Rs. 10,000/ - with default stipulation of one year's additional rigorous imprisonment.

(3.) It is a case of murder of one Guddi Devi aged about 25 years and his son Vikas aged about 8 years. The deceased Guddi Devi was the daughter -in -law of the complainant Bihari Verma. Complainant Bihari Verma lodged an FIR of this case at Police Station Mallawan, District Hardoi on 08.05.2006 at 11:00 a.m. alleging therein that his native village is Bhithai, Police Station Madhoganj, District Hardoi but for the last about one year he alongwith his daughter -in -law Smt. Guddi Devi (deceased), his grand son Vikas (deceased) aged about 8 years and grand daughter Km. Muskan aged about three and half years was living in Kasba Mallawan, Mohalla Baziganj in the house of Arjun Singh on rent. His son Munesh Verma (husband of deceased Guddi Devi) was of weak mind and for the last about 4 months he was living in Ghaziabad with his brother -in -law. On 07.05.2006 at about 4:00 p.m. he went to his own native village Bhitai to bring foodgrains. In the morning he got the information of the murder of his daughter -in -law and grand son. On this information he immediately rushed to his house in Mallawan and saw that Smt. Guddi Devi and his grand son Vikas have been murdered by causing injuries with a sharp edged weapon. Every other household goods were found safe. It was also alleged that his "Nati" Diwesh, (maternal grandson) resident of village Kabeerpur Khamhauli, Police Station Bangarmau, District Unnao used to visit his house and he was instrumental in settling him in village Mallawan in a rented house. He developed illicit relations with the deceased Guddi Devi who had given him Rs. 60,000/ - which was being demanded back by his daughter -in -law. Feeling aggrieved thereby, the appellant has caused the death of his daughter -in -law and grand son. It was also mentioned that his grand daughter Km. Muskan has told him that in the last night Diwesh Dadda had come to her house. The complainant got the FIR of this case scribed by Haseen Ahmad Farooqui and lodged it at the police station at 11:00 a.m. After registration of the case the inquest proceedings were conducted on the dead bodies and after completing the other formalities dead bodies were sent for postmortem. Postmortem on the body of the deceased Vikas was conducted on 09.05.2006 at 2:30 p.m. and the duration of death was about one and half day old. Following ante -mortem injury was reported in the postmortem report: - -