GUDDI Vs. STATE OF U P

JUDGEMENT

(1.) This jail appeal is preferred against the judgment and order dated 17.11.2012 passed by Addl. Sessions Judge, Court no.2, Firozabad in S.T. no. 106 of 2010 convicting and sentencing the appellant under Section 304(II) IPC for 10 years R.I, with fine of Rs.10,000/- and a default sentence of 6 months.

(2.) The prosecution examined 10 witnesses out of which, PW-1 (Pappu), the brother of the deceased, is the informant, an eye-witness, PW-2 Harish Chandra and PW-3 Dinesh Kumar are witnesses of recovery of memo of blood-stained clothes (Exbt-Ka-2) of the deceased, PW-4 Dr. R.B. Singh, conducted the autopsy of the deceased, PW-5 Rakesh, brother of the deceased, a panch witness, PW-6 is the third I.O, who filed the charge sheet, PW-7 Awadhesh the constable of the P.S, concerned, who registered the FIR (Exbt-Ka-6), PW-8 S.I. Shatrunjan Kumar Singh, the second I.O, and PW-9 H.P. Gautam, the first I.O, who recorded the statement of the informant, prepared the site-plan and the inquest of the deceased. The appellant claimed false implication on account of previous enmity over property dispute with her brother-in-law, but did not lead any defence evidence.

(3.) The trial court after considering the oral and documentary evidence found the charge under Section 304(II) IPC established and convicted the appellant under the impugned judgment/ order.