VINOD KUMAR TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) The instant appeal, directed against the judgment and orders dated 26th March, 2014, whereby the appellant has been convicted under section 304 IPC and sentenced to undergo rigorous imprisonment of ten years and to pay fine of Rs.5,000/-. In default of payment of fine, he is further directed to undergo imprisonment of two months.

(2.) Heard Sri Kamta Prasad, Advocate, for the appellant and Sri Akhilesh Kumar Singh, learned AGA for the State-respondent and perused the record.

(3.) On behalf of the appellant, learned counsel has submitted that the trial court has recorded finding of guilt against weight of evidence. The first information was lodged with inordinate delay, oral evidence of prosecution witnesses was ignored and only on the basis of dying declaration, the appellant has been convicted, even though the magistrate, who recorded the dying declaration, was not examined by the prosecution. The appellant and the deceased were living as husband and wife for 12 years and appellant had four sons from the deceased. The appellant had no motive to murder the deceased. The impugned judgment is bad infact and in law, it deserves to be set aside.