MAJEED @ LAFANTE Vs. STATE OF U P

JUDGEMENT

(1.) The instant appeal has arisen against the judgment and order dated 29.10.2015 passed by learned Additional Sessions Judge, Court No.2, Lakhimpur Kheri in Sessions Trial No.547/2009 (State v. Majeed @ Lafante) arising out of case crime no.306 of 2009 under Sections 302 I.P.C., P.S.Dhaurhara, District Kheri, whereby the trial court has convicted the accused-appellant under Section 302 I.P.C. and sentenced him to imprisonment for life and fine of Rs.40,000/-; in default of payment of fine, imprisonment for six months was also awarded.

(2.) According to the prosecution version, Jokhan(deceased) was brother of the complainant, Alisher, son of Nabi, resident of Village Moorhi, P.S.Isa Nagar, District Lakhimpur Kheri.

(3.) Jokhan was married in the house of Alauddin. Shakuntala, sister of complainant Alisher was married to accused Majeed @ Lafante, son of Alauddin. Jokhan was residing in his in-law's house for the last fifty days. On 31.3.2009 at about 12:00 noon, accused Majeed @ Lafante had some altercation with his wife Shakuntala. Consequently, he divorced his wife. Then, Jokhan went to Village Moorhi along with Shakuntala.