PREM SHANKER Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned counsel for the appellant, learned A.G.A. for the State and perused the lower court record.

(2.) UNDER challenge in this appeal is the judgment and order dated 26.3.2008 passed by learned Additional Sessions Judge/Fast Track Court No. 6, Kanpur Nagar in Sessions Trial No. 646 of 2001 arising out of Case Crime No. 89 of 2001, Police Station G.R.P. Kanpur, District Kanpur, whereby present appellant Prem Shankar was convicted for the offence under Section 302 I.PC. and he was sentenced with imprisonment for life and also with fine of Rs. 25,000/ - with default stipulation of one year additional imprisonment.

(3.) BEFORE registration of this case, on 26.1.2001, deceased Suman Devi was found crying with pain at railway station Kanpur Nagar. She was offered help by PW -2 Meena Devi, who was a Datoon vendor at the railway station. She was told by the deceased that her husband had administered something on the pretext of medicine, which increased her pain and thereafter he went away saying that he is going to bring medicine. Since she was crying badly, and saying that her husband has administered poison to her because even after several years of her marriage, she could not give birth to a child. In the meantime, police personnel also reached there and her dying declaration was recorded. On the said dying declaration, her thumb impression was obtained. Thereafter she was taken to Hospital. Ultimately she died in Hallet hospital on the same day. Her postmortem was conducted on 28.1.2001 at 1:30 p.m. But in the postmortem report, the cause of death could not be ascertained, hence Viscera was preserved. According to the Viscera Report dated 15.6.2001, aluminum phosphide poison was found in Viscera. During the course of investigation, inquest proceedings were conducted and the place of occurrence was inspected.