SHYAMU Vs. STATE OF U P

JUDGEMENT

(1.) UNDER challenge in the instant criminal appeal is the judgment and order dated 20.11.2004 passed by Additional District and Sessions Judge/Fast Track Court No.5, Hardoi, in Sessions Trial No.468 of 2003 arising out of Case Crime No.126 of 2003, Police Station Sandila, District Hardoi, whereby the present appellant Shyamu was convicted for the offence under Section 304 IPC and was sentenced to undergo imprisonment for life and also with fine of Rs.10,000/ - with default stipulation of two years' rigorous imprisonment.

(2.) IN this case, Smt. Chhidana, who happens to be the mother of the present appellant, was also tried but she was given benefit of doubt and accordingly she was acquitted of the charges levelled against her. Her acquittal has not been challenged on behalf of the State or by the victim.

(3.) IN brief, as per the prosecution case, the appellant Shymu was a habitual drunkard and gambler. On 18.04.2003, he had sold all the utensils of his house for the purpose of gambling. When he came back to his house, his wife (deceased) asked the appellant about the utensils. On such enquiry some altercation took place between them. The appellant and his mother Smt. Chhidana, out of sudden provocation and in the heat of moment caused injuries to the deceased and thereafter they ran away after closing the door of the house. Because of the injuries sustained by the deceased, she succumbed to the injuries. The incident is alleged to have been witnessed by the son of the deceased Pawan Kumar, two small children and other persons of the village. The first information report of this incident was lodged on 20.04.2003 at 10.10 AM by Bhagauti Prasad (father of the deceased). The case was investigated. The inquest proceedings were conducted. The complainant Bhagauti Prasad himself was a witness of inquest and thereafter the dead body was sent for postmortem. The postmortem of the deceased took place on the same day i.e. 20.04.2003 at 03.45 PM and following injuries were found on the person of the deceased: -