VINOD KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 08.05.1995 passed by the Additional Sessions Judge, (Special Judge) Allahabad, in Sessions Trial No.68 of 1991 State of U.P. Vs. Vinod Kumar, arising out of Case Crime No.242 of 1989, under Sec. 302 IPC, Police Station- Kokhraj, District- Allahabad (now district Kaushambi) whereby the appellant Vinod Kumar has been sentenced to life imprisonment.

(2.) Heard Sri V.P. Srivastava, learned Senior Counsel assisted by Smt. Mandvi Tripathi, learned counsel for the appellant, Sri Akhilesh Singh, learned Government Advocate assisted by Sri A.N. Mulla, Sri Saghir Ahmad, Kumari Meena, learned AGAs and Smt. Manju Thakur, brief holder for the State and perused the record of this appeal.

(3.) Factual evolution leading up to this appeal as discernible from the record is primarily rooted in the first information report lodged against the accused Vinod Kumar, at Police Station Kokhraj, the then within district Allahabad (now Kaushambi) on 28.07.1989 at 1:45 p.m. which divulges some past incident/occurrence having taken place on 10.07.1989, with following description that the informant Dinesh Kumar Mishra claims that he is resident of Kishna Colony, House No.61, Fatehpur. His niece Rajani was wedded to the accused appellant Vinod Kumar, resident of Village- Vidanpur within Police Station Kokhraj, District Allahabad (now Kaushambi) about 8-10 years ago. The first information report proceeds on with description that the accused-appellant Vinod Kumar set her wife to fire on 10.07.1989 and killed her. Request was made for lodging the report and taking appropriate action. The written report is Ext. Ka-1.