SANJAY KUMAR YADAV Vs. STATE OF U P

JUDGEMENT

(1.) By way of instant criminal appeal, the appellant has challenged the legality and sustainability of the judgment and order dated 08.07.2010 passed by Additional Sessions Judge/F.T.C. Vth, Jaunpur, in Sessions Trial No. 479 of 2008 (State v. Sanjay Kumar Yadav), Police Station - Baxa, District - Jaunpur, whereby appellant Sanjay Kumar Yadav was convicted and sentenced as follows :

(2.) Both the sentences were directed to run concurrently.

(3.) Succinctly, facts of the case are that marriage of Phool Kumari, sister of informant Subedar Yadav s/o Ram Khelawan Yadav r/o Belhata, Police Station - Baksa, District - Jaunpur, was solemnized with Sanjay Kumar Yadav s/o Parmanand Yadav r/o Umarpur, Police Station - Baksa, District - Jaunpur. This was the second marriage of Sanjay Kumar Yadav. His first marriage was solemnized with one Madhuri, but being issueless from Madhuri, he solemnized his second marriage with Phool Kumari. Due to wedlock of Sanjay Kumar Yadav and Phool Kumari, a child Vaibhav was born. About 2-3 days before the occurrence, a verbal spat took place between Sanjay Kumar Yadav and Phool Kumari. On the date of the occurrence, that is to say, on 24.07.2008, an altercation again took place between the couple. On the same day, at about 11.00 A.M., the informant Subedar Yadav, along with his mother Somari Devi w/o Ram Khelawan, was going to District Court, Jaunpur for getting bail of his brother Jiledar Yadav. He asked Sanjay Kumar Yadav as to whether he would accompany them, but he replied in negative. At about 05.00 P.M., the informant and his mother reached Dhanyiamau from the court. From there, the mother of informant went home, while the informant went to the market. After sometime, while he was returning from the market, his brother Basdev informed him that an altercation had taken place between Sanjay Kumar Yadav and Phool Kumari, whereafter they attempted to commit suicide. His sister died, while his brother-in-law Sanjay Kumar Yadav was breathing. It was requested that report be lodged and action be taken. The written report is on record and the same is marked as Ex.Ka.1.