VINOD KUMAR BALMIKI Vs. STATE O

JUDGEMENT

(1.) R. C. Deepak, J. The present criminal appeal has been filed by Vinod Kumar Balmiki against, the judgment and order dated 5. 5. 2003 passed by Sri Jai Mangal Sharma, learned Addl. District & Sessions Judge, Fast Track Court-III, Lucknow in Sessions Trial No. 477 of 2003 whereby he convicted the accused-appellant under section 302 IPC and sentenced him to life imprisonment with a fine of Rs. 10,000/- and in default of payment of fine 1 year rigorous imprisonment.

(2.) THE peculiar facts, in brief, of this case, as disclosed in the first information report, are that the accused-appellant Vinod Kumar Balmiki was living with his wife Meera and minor son Vishal, in a rented house of one Ajgar Yadav in village Gwahi Gaon within the limit of police station Gomti Nagar, Lucknow. Vinod Kumar Balmiki had suspicion that his wife Meera had developed illicit relationship with one Prem employed as Driver in the Central Labour Court, Lucknow, wherein his wife was also working as IVth class employee, as he had seen her in an objectionable position with Prem. Not only this, he had also observed that both of them used to accompany in the yehicle. THE first information report further discloses that Vinod Kumar Balmiki persuaded his wife at his level best to depart from him (Prem) but she paid no heed, that both the husband and wife lived in a room but she did not like to have sexual relationship with her husband. She always used to quarrel with him as a consequence he remained puzzled. It is alleged that in the night of 6. 11. 2001 after taking dinner, the husband expressed his desire to have sexual entertainment with her, but she objected, even then he (Vinod Kumar Balmiki) enjoyed sexual entertainment with her against her wishes, upon which she became angry and began to quarrel with him but avoiding her quarrel he went on sleep and she his wife too, that at about 11. 00 in the night he woke up and saw that his wife was sleeping, that his devil spirit also woke up to take revenge from his wife as she is alleged to have stabbed his belief/betrayed him, that he repeatedly caused injuries upon her head with gas cylinder and also strangulated her with her Dupatta, that apprehending his arrest by the police, that leaving the dead body of Meera and his son Vishal sleeping besides her in the room, he contacted his landlord Ajgar Yadav and disclosed him the entire episode and both of them went to the police station Gomti Nagar where he (Vinod Kumar Balmiki) dictated the entire incident to the Head Moharrir Uma Shankar (P. W. 6) who reduced his dictation into writing, that he put his thumb impression on it. Ajgar Yadav also signed it. This document is the first information report Ex. Ka-3.

(3.) CONTUSION 1. 0 cm. x 0. 50 cm. on Lt. eye upper lid.