BOBY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Saurabh Yadav along with Sri Shantanu, learned counsel for the appellant, Sri Patanjali Mishra, learned A.G.A.-I for the State and perused the records.

(2.) The present criminal appeal has been arisen from judgment and order dtd. 7/3/2019 passed by Sri Gyan Prakash-III, Additional Sessions Judge, Court No.4, Saharanpur in Sessions Trial No.184 of 2018 (State Vs. Boby and others), under Sec. 302 IPC, arising out of Case Crime No.434 of 2017, P.S. Rampur Maniharan, District Saharanpur, convicting the accused appellant and sentencing him to undergo life imprisonment for the offence under Sec. 302 IPC and to pay fine Rs.15,000.00 and in default of payment of fine to undergo further additional simple imprisonment of one year. By that order, other than the appellant Boby, three accused persons namely Rajnish, Kuldeep and Kanwarpal were acquitted. However, the appellant Boby has been convicted and sentenced by the learned trial court, as above.

(3.) The prosecution story emerged on the FIR dtd. 13/10/2017 lodged in Case Crime No.434 of 2017 at Police Station Rampur Maniharan, District Saharanpur reporting an occurrence took place on 11/10/2017 at about 4:00 A.M. inside the dwelling house of the appellant, wherein he is described to have killed his wife Ruchi, by throttling. The FIR narrates that the occurrence was caused within 14 months of the marriage of the parties, for reason of additional dowry, not paid. The FIR is Ex. Ka-4 at the trial. It arose on the Written Report dtd. 13/10/2017 lodged by Shobharam, the first informant (P.W.-1 at the trial). That Written Report is Ex. Ka-1. Before the FIR lodged by the first informant, the inquest/'Panchayatnama' was drawn on 11/10/2017, wherein both-the appellant and Shobharam (P.W.-1), are 'Panch' witnesses. That 'Panchayatnama' is Ex.Ka-11 at the trial. Thereafter, the autopsy was conducted and the report thereof was prepared by Dr. Bhojraj Singh, (P.W.-8 at the trial). That autopsy report dtd. 11/10/2017 is Ex. Ka-10 at the trial. It records the ante mortem injuries as below: