UTTAM LODHI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri V.K. Gupta, learned counsel for the appellant and Sri Sagir Ahmad, Sri J.K. Upadhyay, Kumari Meena and Mrs. Manju Thakur, learned AGAs for the State and perused the record of this appeal.

(2.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 04.11.1988 passed by Sessions Judge, Hamirpur in Sessions Trial No.32 of 1988 (State Vs. Uttam Lodhi), arising out of case crime no.160 of 1987, under Sections 302 and 404 IPC, Police Station Charkhari, District Hamirpur, whereby, the appellant Uttam Lodhi has been sentenced to imprisonment for life under Sec. 302 Penal Code and two years R.I. under Sec. 404 IPC. Both the sentences have been directed to run concurrently.

(3.) Facts discernible from the record reveal that an FIR was lodged at Police Station Charkhari, District-Hamirpur on 110.1987 at 7.20 P.M. by informant Bhaiya Lal s/o Bacchi Lal R/o Village 2 Kanera, Police Station Charkhari, District Hamirpur against accused Uttam Lodhi S/o Chaturbhuj R/o Kanera, Police Station Charkhari, District Hamirpur for causing death of his wife Shanti with allegations that informant's wife Shanti and mother Smt. Har Kunwar had gone to the field for work and were returning back home in the evening at 5.00 P.M. Informant's wife Shanti was being followed at some distance by informant's mother Smt. Har Kunwar. Informant Bhaiya Lal was also going to take care of his field at the same time. As soon as informant's wife Shanti reached near the maize field of Ram As rey S/o Chaturbhuj, Uttam Lodhi S/o Chatura caught her (Shanti) and pulled her down on the maize field, whereupon, informant's wife raised alarm, then the informant arrived on the spot challenging the accused, where he saw the accused Uttam Lodhi throttling neck of his wife Shanti and at the same time informant's mother Smt. Har Kunwar and villagers Ram As rey S/o Chaturbhuj and Halkey S/o Ghanshyam also arrived on the spot and saw the incident. Accused Uttam Lodhi, after killing Shanti, escaped away from place of occurrence, wading through the southern maize field. Request was made for lodging the FIR and taking appropriate action. Written report is marked as Exhibit Ka1.