SHRI KANT @ KANT Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Abdul Rafey Siddiqui, learned Amicus Curiae for the appellant and Shri Umesh Verma, learned AGA for the State.

(2.) Instant appeal has arisen out of the judgment of conviction and sentence passed by Additional Sessions Judge, Court No.5, Unnao in Session Trial No.549 of 2004 arising out of Case Crime No.150 of 2004, under Sections 376 /302 IPC State Vs. Shri Kant, Police Station-Maurawan, District-Unnao whereby learned trial court has acquitted accused appellant under section 376 IPC and convicted under Section 302 IPC and sentenced him with imprisonment for life and alongwith fine of Rs.1000/- with default stipulation of three months' simple imprisonment.

(3.) According to the prosecution version, deceased 'A'(name of victim is not being disclosed) wife of Bhagauti Prasad was living in village- Jangalia Khera, Mazre, P.S. Maurawan, District-Unnao. Complainant Bachchu Lal is brother-in-law (Dewar) of the deceased. Husband of the deceased was living in Punjab. On 23.05.2004 at about 10.30PM, appellant came in the house of deceased and committed rape upon her when she raised an alarm then she was strangulated to death. Dead body of deceased was thrown in the field of Mahraj Deen. Nanhaku @ Badri Vishal Mishra, Smt. Nanhi, Smt. Rekha, Rakesh, Ayodhya, Chhetrapal, Awadhesh Mishra, Smt. Rajwati and others have seen the occurrence, but nobody came to interfere. First information report was lodged on 24.5.2004 at about 11.05AM at Police Station-Maurawan which was registered as Crime No.150 of 2004, under Sections 302, 201, 376, 452 IPC. Investigation was handed over to S.I Smt. Mamta Vidyarthi Station House Officer, P.S. Maurawan. Inquest proceedings were conducted on 24.5.2004 at about 12.15 which concluded at 1.50pm. Dead body was sealed and sent for postmortem. Site plan of the house of deceased as well as the place from where dead body was recovered were prepared. Postmortem was conducted on 25.5.2004 at 3.10pm. Clothes of deceased were sent to Forensic Science Laboratory wherein a report was received that the clothes contains human blood. After investigation charge-sheet under sections 302, 201 and 376 IPC against appellant was submitted by the investigating officer.