AWADESH KUMAR AWASTHI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Rajiv Mishra, learned counsel for the appellant, Ms. Ruhi Siddiqui, learned A.G.A. for the State and perused the material available on record.

(2.) Under challenge in this appeal is the judgment and order dated 17.12.2009 passed by learned Additional Sessions Judge, Court No. 7, Hardoi in Sessions Trial No. 417 of 2008, arising out of Case Crime No. 295 of 2008, Police Station Bilgram, District Hardoi whereby present appellant Avdhesh Kumar was convicted for the offence under Section 302 I.P.C. and was sentenced with imprisonment for life and also with fine of Rs. 10,000/. He was further convicted for the offence under Section 176 I.P.C. and was sentenced with rigorous imprisonment for a period of one year. Both the sentences were directed to run concurrently.

(3.) It is a case of murder of wife by the husband in his own house. The case of the prosecution was that complainant Smt. Nanhi Devi, who happens to be mother in law of appellant Avdhesh Kumar, informed the police that on 19.4.2008 at 2:00 p.m., her grand daughter came to her house and told her that her Papa (appellant) has told that Mammi is dead. So Nanhi Devi went to the place of occurrence and found her daughter lying dead on a Takhat in the house of appellant. There was no apparent reason for her death. However it was also mentioned in the F.I.R. that appellant frequently used to take liquor and used to beat her daughter. The marriage of the deceased with the appellant was solemnized about 16 years prior to the incident. On the basis of this information, inquest proceedings were conducted but the case was not registered. After receiving the postmortem report, the case was registered under Section 306 I.P.C. Subsequently during Investigation, the case was converted under Section 302 I.P.C. During the course of investigation, appellant Avdhesh Kumar was arrested by police on 1.5.2008 and on his pointing out, an old iron Fukani of about one balist six angul was recovered, which was used as weapon of offence and its recovery memo was prepared.