KRISHNA MOHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant jail appeal filed by accused -appellant is directed against judgment and order dated 4th December, 2007/7th December, 2007, whereby the appellant was convicted under Ss. 302, 201 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000/ - and further rigorous imprisonment of three years and to pay a fine of Rs. 1000/ - in default of payment of fine to further undergo two months' rigorous imprisonment on both the counts. Sentences were directed to run concurrently. In the present appeal, facts of the prosecution version may be summarized as under: - -

(2.) That on 27.4.2006 at 4.15 p.m. Bhagwandeen r/o Village -Pakadi Bhojpur, P.S. Tanda, District -Ambedkar Nagar and chaukidar of the Village -Ballia Jagdishpur gave a written report that on the north side of the village, there is a field of Jeet Bahadur Faujdar and on its west side, one dead body of a women was lying in the pond, enveloped in a sari. Large number of persons had collected there and the dead body was identified to be of Smt. Kesa Devi w/o. Krishna Mohan @ Thelu r/o of Ballia Jagdishpur. Identification was made by Smt. Kewla w/o. Sita Ram and Sita Ram s/o. Nagai.

(3.) On this information, inquest proceedings were held and the dead body was sent for post -mortem examination. In the post -mortem examination, cause of death was found to be asphyxia due to ante -mortem strangulation. On 30th April, 2006 copy of the postmortem report was received in the police station and case crime No. 141 of 2006 was registered and requisite entry was made in the report of the general diary. Investigation was entrusted to Sri Vinod Kumar Yadav, the then Station Officer of P.S. Tanda who on completion of investigation submitted the charge -sheet against the present appellant. He found during the investigation that the deceased was murdered by her husband.