RAM SAGAR @ VIKRAM KOL Vs. STATE

JUDGEMENT

(1.) The instant appeal arises out of the judgement dtd. 24/10/2017 rendered by the learned sessions court in Sessions Trial No. 48 of 2016 State vs. Ram Sagar @ Vikram Kol registered as Case Crime No. 313 of 2015 under Sec. 302, 420, 467 IPC at P.S. Gopiganj, District Bhadohi.

(2.) The learned trial court by the impugned judgement has found the appellant guilty of the offence under Sec. 302 I.P.C. and has imposed a punishment of life imprisonment and fine of Rs.10,000.00 and in default of payment of fine two years rigorous imprisonment. Further the learned trial court finding the appellant guilty of the offences under Sec. 420 & 467 I.P.C. has accordingly imposed a punishment of five years rigorous imprisonment and fine of Rs.5,000.00 and in default of payment of fine one year rigorous imprisonment, and a punishment of five years rigorous imprisonment and fine of Rs.5,000.00 and in default of payment of fine one year rigorous imprisonment for the respective offences. The impugned judgement of the trial court also stipulates that all sentences will run concurrently.

(3.) Briefly put the prosecution case set out in the FIR is that on 8/8/2015 at about 05:00 P.M. Vikram and his wife Pooja Devi came to the house of the first informant and asked her to lease out one room to them. The first informant declined to let out the room due to lack of acquaintance with the aforesaid persons. Later Ram Lal, the Muneem of Persian Rang Manufacturing claimed that Vikram worked in his company, and he stood as a guarantor for rent due from the couple. On Ram Lal's assurance the first informant leased out the room to Vikram. The couple were staying in the aforesaid room. On 9/8/2015 she found the room locked. Being a Sunday she assumed that the couple must have gone out. A foul smell was emanating from the room on 10/8/2015 at about 10:00 AM. The first informant peered through a crack in the door and saw Pooja lying dead in the room. She had a firm belief that the deceased was done to death by her husband, who had then locked the door and made good his escape.