KAMLESH KANJAR Vs. STATE OF U P

JUDGEMENT

(1.) Ms. Sonia Mishra, learned counsel for the appellant and Ms. Ruhi Siddiqui, learned Additional Government Advocate were heard.

(2.) Under Challenge in the instant criminal appeal is the judgment and order dated 09.10.2007 passed by learned Additional Sessions Judge, Court No.5, Hardoi, in Session Trial No.364 of 2006, arising out of Case Crime Nos.349 of 2006, under Section 302 IPC, Police Station Mallawan, District Hardoi whereby the appellant Kamlesh Kanjar was convicted for the offence under Section 302 IPC and was sentenced to undergo imprisonment for life and also with fine of Rs.3000/- with default stipulation of one year rigorous imprisonment.

(3.) In brief, the case of the prosecution was that the complainant Subedar lodged an FIR on 22.05.2006 at 7:30 a.m. alleging therein that in the intervening night of 21/22-05-2006 at about 3:00 a.m. he was lying in his house after taking his dinner. Since he was patient of Tuberculosis (T.B.) and was very weak, so on getting the information of his illness his daughter Kanti and his son-in-law Rakesh had come to visit him and were sleeping on the roof of the house. It was alleged that the wife of the complainant had developed illicit relations with appellant Kamlesh Kanjar. When the complainant came to know about this illicit relationship then he had scolded his wife Chhoti, aged about 42 years and because of this reason she forbade Kamlesh Kanjar to come and visit her house because his visits were bringing bad name to her. In the night at about 3:00 a.m. the wife of the complainant went to ease herself towards north of the village. When it became late and she did not come back then on suspicion the complainant went behind her and saw in the bright moonlight night that the appellant was giving blows of 'Banka' to his wife. Because of the fear he cried then his brother Chhanga, his nephew Satish also reached there then Kamlesh Kanjar ran away towards north of the village. In the night the complainant could not go to lodge the FIR because of the fear. On the basis of the FIR the case was registered and investigation proceeded. Inquest proceedings were conducted and after completing the other formalities the dead body was sent for postmortem which was conducted on 22.05.2006 at 4:00 p.m. and following ante-mortem injuries were found on her person:-