SATISH Vs. STATE

JUDGEMENT

(1.) Present Jail Appeal has been preferred by accused-appellant Satish against judgment and order dated 22.3.2005 passed by Additional Sessions Judge, Court No. 3, Kanpur Dehat in Sessions Trial No. 491 of 2003 (State of U.P. Vs. Satish) arising out of Case Crime 167 of 2003, under Section 302 I.P.C., Police Station Derapur, District Kanpur Dehat convicting and sentencing the accused appellant under Section 302 for life imprisonment and fine of Rs. 5,000/- has also been imposed and in the event of non-payment of fine further to undergo two years' rigorous imprisonment.

(2.) Prosecution story in nutshell, as unfolded in written report (Ext. Ka-1), moved by Ram Kumar, on 13.8.2003 at Police Station concerned, is as follows:

(3.) Informant's niece Maya Devi @ Kunja aged about 25 years was married six years ago with Satish (accused appellant). One daughter aged about 3 years was born out of their wedlock. On 9.8.2013, accused appellant Satish had come to the house of informant's nephew Arvind. Deceased Maya Devi had also come to the house of her mother for treatment. On 12.8.2003 deceased along with her mother had gone to village Kaprahat at the house of her brother Arvind on the occasion of Raksha Bandhan. On the way deceased's mother Malti Devi had gone to her "mayka". Ram Vilas, uncle of Maya Devi, after leaving Maya Devi in village concerned also returned. After celebrating Raksha Bandhan Arvind along with his wife had also gone to house of his in-laws at Minapur. Raman, daughter of Ram Vilas had also come along with Maya Devi. After having dinner they all slept in the veranda. At about 6 A.M. in the morning room was found bolted from outside and Satish and Maya Devi were not seen there. Informant opened the door of the room and saw dead body of deceased Maya Devi, whose neck was tightened with the string of under-skirt (Peticoat) and Satish (accused appellant) was absconding. It is also mentioned in written report (Ext. Ka-1) that accused appellant after committing murder of deceased Maya Devi had left the place of occurrence.