HARDEO SINGH Vs. STATE

JUDGEMENT

(1.) Heard Sri S.S. Singh, learned counsel for the appellant and AGA for State-respondent and perused the records.

(2.) This appeal has been preferred against judgment dated 20.09.1982 passed by Sessions Judge (Non Metropolitan Area) Kanpur in ST. no. 452 of 1981 (State vs. Hardeo Singh), by which accused (present appellant) was acquitted of the charge under Section 302 IPC, but was convicted for the charge under Section 201 IPC, and was punished with rigorous imprisonment of 3 years.

(3.) The prosecution case in brief was that accused Hardeo Singh had murdered his wife Chunni Devi inside her house by strangulation. When he brought the dead body of his wife outside his house on 2.1.1981, then her death was found suspicious by informant Manni Singh (Jan Swasthya Sewak of the village) who informed about said death of victim to police. After it, proceedings of inquest and post-mortem was conducted. In post-mortem, two injuries on neck of victim were found and her hyoid bone was also found fractured. This post-mortem was performed on 2.10.1981 at about 2.15 p.m., and doctor opined that time of her death was about one and a half days earlier, and cause of death of asphyxia caused by ante-mortem injuries sustained. After completion of investigation, charge-sheet was filed, in which accused was charged for offences under Section 302, 201 IPC.