PAWAN KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Smt. Sheeba Rizvi and Rajeev Kumar Saini, learned counsel for the appellant, Km. Meenu, learned AGA and Smt. Manju Thakur, Brief Holder for the State.

(2.) This criminal appeal has been preferred by appellant Pawan Kumar against the judgment and order dated 20.1.2004 passed by Additional Sessions Judge (Fast Tack Court No. 1) Bijnor in Session Trial No. 210 of 2002 (State v. Pawan Kumar and others) arising out of case crime no. 368 of 2001 at Police Station Nagina, District Bijnor convicting the appellant Pawan Kumar under Section 302 IPC and sentencing him to imprisonment for life and a fine of Rs. 1000/-.

(3.) The facts of the case as unfolded in the FIR appear to be that the complainant, Smt. Ratan Prabha wife of Laxman Ji resident of Gurjarwada, Police Station Gangoh, District Saharanpur lodged a written report Ex. Ka.1 at Police Station Nagina, District Bijnor on 14.12.2001 at 00:30 hours alleging therein that she was staying in the house of her daughter Sadhna who had given birth to a female child about two months before for looking after her and her baby. Her son-in-law Pawan Kumar (accused-appellant) who was a drunkard was in the habit of beating his wife Sadhna after consuming liquor and accusing her of having an affair with one Sanjay. Although the complainant had tried to get the matter compromised several times but the accused-appellant without any rhyme or reason use to beat her daughter and say that she was having an affair with one Sanjay. The accused-appellant Pawan Kumar on returning to his house on the night of incident at about 23:30 hours had immediately started beating her daughter Sadhna with the handle of a tap shouting that she was involved with Sanjay and when P.W.1 Ratan Prabha intervened and raised cries for help, the accused-appellant asphyxiated her daughter to death by pressing her neck with a shawl. Raj Kumar Chauhan son of Om Prakash Singh and Sudhir Kumar Verma son of Narendra Kumar who are residents of the same locality where her son-in-law resides had reached the place of occurrence on hearing the complainant's cries and witnessed the whole incident. After committing the murder of her daughter Sadhna accused-appellant Pawan Kumar had run away from his house and was absconding.