RAJU BATHAM Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant Criminal Appeal under Sec. 374(2) of Code of Criminal Procedure, 1973 (here- in-after referred as Cr.P.C.) has been filed by the appellant against the judgment and order dtd. 30/7/2016 passed by learned Additional Sessions Judge, Court No.9, Unnao in Sessions Trial No.330 of 2015 (State Vs. Raju Batham) arising out of Case Crime No.419 of 2015, under Sec. 302 of the Indian Penal Code, 1860 (herein after referred as I.P.C.), Police Station Ganga Ghat, District Unnao, by means of which, the appellant has been convicted under Sec. 302 I.P.C. and sentenced to undergo life imprisonment and a fine of Rs.10,000.00 and in default of payment of fine, to undergo six months additional imprisonment.

(2.) The complainant- Smt. Santosh Kumari Kashyap, wife of Raju Batham i.e. the appellant submitted a written complaint at Police Station Ganga Ghat, District Unnao with following averments:-

(3.) On the basis of aforesaid written complaint of the complainant, F.I.R. vide Case Crime No.419 of 2015, under Sec. 302 I.P.C. was registered against the appellant on 8/7/2015 at 06:05 hours at Police Station Ganga Ghat, District Unnao. The matter was investigated and after investigation, Charge Sheet No.165 of 2015 dtd. 28/7/2015 was filed against the appellant under Sec. 302 I.P.C. On 13/8/2015, the case, being triable by Sessions, was committed to Sessions and the learned Sessions Judge framed the following charge against the appellant on 9/9/2015 :-