KAMLESH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Shivam Gupta, learned counsel for the appellant, Ms. Meera Tripathi, learned A.G.A. for the State-respondents.

(2.) This is an appeal against the judgment and order dtd. 30/11/2018 passed by Special Judge (Anti-Corruption Act) Court No.3, Lucknow in S.T. No.636 of 2015 (State vs. Kamlesh Kumar) arising out of Case Crime No.101/2015 convicting the appellant-Kamlesh Kumar for the offence of murder of his wife and sentencing him to life imprisonment under Sec. 302 I.P.C. with fine of Rupees Ten Thousand.

(3.) The prosecution case in nutshell is that on 28/3/2015 at about 04:00 A.M. one Ram Kesan father of the accused/appellant submitted a tehrir at P.S.-Mall, District-Lucknow to the effect that in the night of 27/28/3/2015 when he was sleeping with his wife at their old house and, his son-accused along his wife was in the new house, at around 12:30 in the night, his son (accused) came in a nervous state and informed him that about half an hour ago, a person had entered the house by the stairs which was inside the house and opened the door letting in three other persons who had their faces covered and these persons overpowered him and administered a tablet with water as a result of which he lost consciousness. When his daughter aged about one and half year started crying, he regained consciousness and saw that his wife was lying dead by his side. She had sharp/ incise injuries on her neck and her body. The informant-father went to the place of incident with his son and saw his daughter-in-law Rajpati lying on the cot covered in blood. He informed the police by dialing 100. It is then that the police came.