SUNIL Vs. STATE OF U P

JUDGEMENT

(1.) IMTIYAZ Murtaza, J. This Criminal (Jail) appeal has been filed against the judgment and order dated 20-5-2002 passed by the learned Sessions Judge, Shahjahanpur, in S. T. No. 936 of 2000 whereby the appellant was convicted under Section 302 I. P. C. and sentenced to undergo R. I. for life and a fine of Rs. 5,000 and in default of payment of fine further R. I. for one year.

(2.) BRIEF facts of the case as mentioned in the First Information Report lodged by Ram Ratan at P. S. Kotwali Sadar, Shahjahanpur are that on 16-11-1999 he was working woodcraft work in the house of Waseem in Mohalla Bijlipura, P. S. Kotwali. At about 2. 00 p. m. when he came to his house to take meal, he saw that accused Sunil Kumar was coming out of his house. His son Sheo Kumar was weeping. He enquired and he told him that Sunil Kumar has committed murder of his mother by strangulation. He saw that his wife Kanti was lying dead. It is further alleged that marriage of Sunil Kumar had taken place 1/2 year before and his wife stayed in the house for 3-4 months and then went back to her parental house and she was not coming because she had suspicion that Sunil had illicit relations with the deceased Kunti, who was wife of the complainant. There used to be quarrel between Sunil and his wife Kunti. On account of this he has committed murder of his wife. The report was lodged at about 3. 30 p. m. at P. S. Kotwali Sadar, Shahjahanpur.

(3.) IN his opinion cause of death was asphyxia as a result of anti mortem strangulation: After the submission of the charge-sheet case was committed to the Court of Session and learned Sessions Judge had framed charge under Section 302 I. P. C. IN support of its case, the prosecution had examined four witnesses namely P. W. 1 Ram Ratan, informant, P. W. 2 Shiv Kumar son of the informant, P. W. 3 Con. INdrapal Singh, who proved that the investigation conducted by A. K. Sharma and P. W. 4. Dr. Y. K. Singh, who had conducted the post-mortem examination on the dead-body of the deceased.