RAJ KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The present jail appeal has been preferred from jail by the appellant Raj Kumar against the judgment and order dtd. 28/11/2019 passed by the Sessions Judge, Ghaziabad in Session Trial No. 273 of 2017 (State Vs. Raj Kumar) Computer Registration No. 276/2017 (CNR No. UPGZO- 10074922017) arising out of Case Crime No. 90 of 2017, under Ss. 302, 495 IPC, Police Station Tronica City, District Ghaziabad by which the appellant has been convicted and sentenced under Sec. 302 I.P.C. for life imprisonment along with fine of Rs.10,000.00 and in default of payment of fine to further undergo one year additional imprisonment. Set-off, of the period already undergone, has been ordered to be extended to the accused.

(2.) An undated tehrir of which Bharti is the scribe was given by Smt. Kanta to the Station House Officer, District Ghaziabad alleging therein that she is the wife of Sanjay Kumar living in Gali No. 2, near Neelam Factory, Rajiv Garden, Police Station Loni, District Ghaziabad. Her daughter Puja was married on 25/4/2016 to Raj Kumar son of Brijpal a resident of Bulandshahr. Raj Kumar was married earlier also and had two children due to which he used to often assault her daughter and on 17/1/2017 when she went to meet her daughter at the rented place, Raj Kumar was having a fight with her and in a state of anger told Puja that he would murder her on which she stopped him and consoled her daughter and came back to her house. Today on 17/1/2017 in the afternoon when she came to the house of her daughter, Raj Kumar was beating her mercilessly and extending threats for murdering her. In the evening she was in Tronica City Factory where she received a phone call from Sadabad Dugyawali stating that her daughter has been assaulted by a small gas cylinder on her head on which she ran to her house and found her daughter lying on the floor in an injured condition. She raised her but there was no movement and she had died. The accused had cheated them and had solemnized second marriage with her daughter Puja. The murder is of about 07:00 pm. Report be lodged and action be taken. The said application is Exb: Ka-1 to the records.

(3.) On the basis of the said application a First Information Report was lodged as Case Crime No. 90 of 2017, under Ss. 302, 495 I.P.C., Police Station Tronica City, District Ghaziabad against Raj Kumar on 18/1/2017 at 20.30 hours. The Chik FIR is Exb: Ka-18 to the records.