NARESH RAIDAS Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 13.4.2005 passed by the Additional Sessions Judge, Court No.8, Kanpur Dehat in S.T.No.556 of 2003 arising out of Case Crime No.108 of 2003, State vs. Naresh Raidas, convicting the appellant under Section 304 and 201 I.P.C. and sentencing him under Section 304 IPC rigorous life imprisonment with fine of Rs.3000/- and under Section 201 IPC 3 years rigours imprisonment with a fine of Rs.2000/- and in default of payment of fine to undergo additional imprisonment for two years. All the sentences were to run concurrently.

(2.) The prosecution case, in brief, is that on 15.9.2003 Kallu gave a written script to the police stating that he is chowkidar of the village Shahjahanpur; he heard people of village Marua Shahjahanpur saying that Naresh Raidas of the village quarrelled with his wife Nanhi Devi on the intervening night of 11/12.9.2003 and started beating her badly which resulted in her death, thereafter he dug a pit in a room of his muddy dilapidated house and burried the dead body in the pit and since then neither he nor his wife was seen in the village. Based on the written report (Ex. Ka-1) original chick of First Information Report (Ex. Ka-2) was lodged in police station and its entry in GD is Ex.Ka-3. On receiving the report Investigating Officer rushed to the place of occurrence and informed the Sub Divisional Magistrate of the dead body that was laid underneath the mud house thereby requesting him to send an official in whose presence the body may be unearthed. In the presence of Rajesh Kumar, Naib Tehsildar Bhognipur the dead body was dug out and a Panchayatnama (Ex. Ka-7) was prepared. The Naib Tehsildar got a letter prepared addressed to the Chief Medical Officer, Kanpur Dehat that was Ex. Ka-8 and the dead body was sent for post-mortem examination. The Investigating Officer thereafter investigated the matter and submitted charge sheet (Ex. Ka-6) against the accused appellant under Sections 304 and 201 IPC to the court. The learned Chief Judicial Magistrate took cognizance on the charge sheet and committed the case to sessions court for trial of accused. Thereafter, charges were framed by the trial court against the accused under Sections 304 and 201 IPC. The accused denied charges and claimed trial.

(3.) To prove its case the prosecution examined PW-1 Kallu, PW-2 Prakash, PW-3 Ganga Ram, PW-4 Rajendra, PW-5 Radheshyam, PW-6 Prem Babu, PW-7 Dr. Arun Agrawal, PW-8 B.S. Ponia, Sub Inspector and PW-9 Rajesh, Kumar, Naib Tehsildar, Bhognipur Kanpur Dehat and original written letter Ex.Ka13 along with photograph of the deceased and paper cuttings, paper no.16-Ka and 17 Ka-1 to 17 Ka-4 were produced from prosecution side.