AJAY KANU @ DARA Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 22.09.2003 passed by Additional Sessions Judge (Fast Track Court No. 2) Azamgarh in Sessions Trial No. 789 of 1992 arising out of Case Crime No. 385 of 1992, Police Station (in short "P.S.") Saraimeer, District Azamgarh whereby appellant Ajay Kanu alias Dara was convicted under sections 302, 307 and 324 of the Indian Penal Code (in short "I.P.C."). The appellant was sentenced to rigorous life imprisonment and a fine of Rs. 10,000/- with default stipulation under section 302 IPC, rigorous imprisonment of ten year's and fine of Rs. 5000/- with default stipulation under section 307 IPC and three year's rigorous imprisonment and fine of Rs. 2000/- with default stipulation under section 324 IPC. All substantive sentences were ordered to run concurrently.

(2.) Appellant Ajay Kanu alias Dara was son-in-law of deceased Bhagelu Ram Kanu. P.W.-5 Rekha had married appellant Ajay Kanu alias Dara. Rekha was living with her parents at the relevant point of time. Appellant came to take back his wife some 5-6 days prior to the incident. However, deceased Bhagelu Ram Kanu declined to send his daughter for some more days.

(3.) Appellant Ajay Kanu alias Dara was very unhappy at this decision and went to village Phoolpur to meet his own relations on 21.09.1992. He came back again in the evening at 6.00 P.M. to his in-law's house and insisted on Vidai of his wife. Deceased Bhagelu Ram Kanu informed him that Rekha had gone to village Sanjarpur to visit P.W.- 3 Shree Chandra Gupta, her maternal uncle (Mama). The appellant was incensed but went to sleep on roof after taking his meals in the company of his in-laws. Deceased Bhagelu Ram Kanu, deceased Madhuri Devi, P.W.-2 Rama Devi and P.W.-1 Ram Chet also went to sleep on their designated places.