VIJAI BAJPAI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri A.K. Nigam, Amicus Curiae, on behalf of the appellant, Sri Ajeet Ray, learned A.G.A. for the State, and perused the record.

(2.) This Criminal Appeal challenges the judgment and order of conviction dated 5.12.2003 passed by Additional Sessions Judge, Court No. 17, Kanpur Nagar in Session Trial No.481/02: State v. Vijai Bajpai , convicting the appellant under section 302 I.P.C. for life imprisonment with a fine of Rs. 5000/- in case of default of payment of fine, further conviction of 3 months. He is in jail since more than 15 years.

(3.) The brief facts of the present case are that on 10.02.2001 at 9:10 am, it was found that some incident had occurred in the house of accused. PW-2 Virendra Tripathi informed Police Station Nawabganj about the incident and has stated that as he reached the house of accused at 8 a.m., which is around 1.5 km away from the Police Station, he found the doors of the house to be closed. He with other persons started banging on the door that the same be opened. On opening and going inside the house, he found the internal doors of the rooms to be open and all the things in the room were lying scattered. Accused-Vijay Bajpai was sleeping in the next room. He saw that Kavita Bajpai was lying in a pool of blood in another room, and Kavita's daughter Mansi and Vijay Bajpai's mother were lying dead in another room. Kavita Bajpai's body was somewhat warm and she was taken to the hospital where she was declared dead.