RAM JEEWAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the appellant, Mr. Gulam Mustafa and Mrs. Madhulika Yadav, learned A.G.A for the State.

(2.) Under challenge in the appeal is judgment and order dated 11.11.2008, passed by the learned Additional Sessions Judge, Unnao in Sessions Trial No. 306 of 2007 (State versus Ram Jeevan) arising out of Case Crime No. 78 of 2007, under section -302 I.P.C., Police Station -Makhi, District - Unnao and Sessions Trial No. 139 of 2008 (State versus Ram Jeevan) arising out of Case Crime No. 94 of 2007, under Sec. - 25 of Arms Act, Police Station - Makhi, District - Unnao. Learned trial court has convicted the accused under section -302 I.P.C. and Sec. - 25 of Arms Act, sentenced him for imprisonment of life and a fine of Rs. 2000/ - under section -302 I.P.C. and three years' rigorous imprisonment and fine of Rs. 500/ - with default stipulation of one years rigorous imprisonment.

(3.) According to the prosecution, accused -appellant Ram Jeevan lodged an F.I.R. at the Police Station - Makhi, District - Unnao on 22.02.2007 at 09:30 A.M. stating that he had gone to the house of his Bua along with his wife deceased Bindeshwari and daughter Somwati, aged about one year, at about 11:00 AM. He was coming back with 10 Kg wheat by his cycle. His wife was sitting on the carrier of the cycle alongwith her daughter. On Pava Vidhna road three unknown persons came and pushed his cycle. Accused and his wife fell down. All three persons tried to molest his wife. On resistance, one of them fired upon his wife who died instantly at about 06:45 PM. After lodging the F.I.R. investigation was entrusted to S.I. Shiv Balak. Inquest proceedings were conducted on 22.02.2007. The postmortem on the dead body was conducted on 23.02.2007. During investigation affidavit of Ram Khelawan, father of the deceased, Smt. Medana, mother of the deceased were filed wherein they have implicated the accused -appellant stating that he alongwith Vijay Pal and Bhoore has killed his wife. It is stated that accused alongwith his brother had warned that if Ram Khelawan will not execute sale -deed in favour of the accused then accused will kill his wife, i.e., deceased. During investigation, an empty cartridge was recovered from the place of occurrence, blood stained and plane shell was also recovered on 07.3.2007. Accused was arrested by the police and on his pointing out one 12 bore countrymade pistol along with a cartridge in it was recovered. Site plan of place of occurrence and place of recovery was prepared. Pistol was sent to Forensic Science Laboratory. After obtaining sanction of the prosecution chargesheet was filed against the accused under section -302 I.P.C. and 3/25 Arms Act.