NARESH CHAUDHARY Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant Criminal Appeal has been sent from jail by the accused-appellant, Naresh Chaudhary against a judgment dtd. 27/7/2015 and order dtd. 30/7/2015 passed by the Additional Sessions Judge, Court No. 2, Ghaziabad in Sessions Trial No. 1999 of 2009 arising out of Case Crime No. 971 of 2009, under Sec. 302 I.P.C., Police Station Vijaynagar, district Ghaziabad, whereby the learned Judge convicted and sentenced the appellant to imprisonment for life and a fine of Rs.25,000.00 and in default of payment of fine, the appellant was further directed to undergo imprisonment of two years.

(2.) In nutshell, the case of the prosecution as set up in the first information report is that a written report was filed by Preeti Chaudhary, daughter of Naresh Chaudhary, resident of Lane No. 1, 36/4 Krishna Nagar Bagu, Ghaziabad that in the night intervening 2/3/9/2009 her mother-Meera Chaudhary (herein after referred to as "the deceased") has been strangulated to death by her father-Naresh Chaudhary (hereinafter referred to as "the accused-appelant") by Lungi. It is mentioned in the report that at about 9:30 PM, when her mother came to house after finishing her duties, an altercation took place between the deceased and the accused-appellant. Thereafter, the deceased cooked food and after having dinner, she went to the roof for sleeping, whereas the accused- appellant stayed with the children at downstairs. The F.I.R. further alleged that when the informant suddenly woke up in the midnight, she found the accused-appellant missing. She thought that he (accused- appellant) went to upstairs, where deceased was sleeping. The F.I.R. further alleges that in the next morning, when her brother, namely, Amit went to the roof in search of her mother (deceased), he saw that the deceased was lying dead. On an alarm being raised by her brother, she went upstairs and saw that her mother (deceased) was strangulated to death by the same Lungi, which was worn by her father last night. She also saw that some bangles and mangalsutra of her mother were also broken and scattered.

(3.) On the basis of the aforesaid report, the First Information Report was lodged at Case Crime No. 971 of 2009, under Sec. 302 I.P.C., Police Station Vijay Nagar, District Ghaziabad, which was marked as Ext. Ka-5.