VINAY Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Amit Tripathi, learned counsel for the appellant, Sri Ashish Pandey, learned A.G.A. for the State and perused the record.

(2.) This criminal appeal has been filed against a judgment and order dated 13.10.2009 passed by IV-Additional District and Sessions Judge, Kanpur Nagar in Sessions Trial Nos. 652 of 2005 and 653 of 2005 arising out of case Crime Nos. 140 of 2005 and 150 of 2005, under Section 302 I.P.C. and under Section 25/4 Arms Act, Police Station Barra, District Kanpur Nagar, whereby the learned Additional Sessions Judge convicted and sentenced the appellant Vinay to life imprisonment under Section 302 I.P.C. along with a fine of Rs. 10,000/- and in default of payment of fine the appellant was further directed to undergo six months' rigorous imprisonment. Accused-appellant has also been convicted and sentenced to one year rigorous imprisonment and a fine of Rs. 1,000/- under Section 25/4 of the Arms Act and in default of payment of fine the appellant-accused was further directed to undergo one month imprisonment. Learned Additional District and Sessions Judge has further directed that both the aforesaid sentences of the appellant-accused shall run concurrently.

(3.) In short compass, the facts of the case are that a written report was handed over by first informant Ghasite son of Bhairav resident of Chhedi Singh Ka Purwa, police station Barra, District Kanpur Nagar to the effect that he had married his daughter Asha Devi (now deceased) to Pintoo resident of Meerut on 17.05.2005. After Vidai on the fourth day of her marriage, his daughter had come to his house on 28.05.2005. On 06.06.2005 at around 4.00 P.M. his daughter Asha Devi aged about 18 years along with his elder son-in-law was coming home after shopping. All of a sudden, accused-appellant Vinay, son of Bhairav Pasi, resident of Chhedi Singh Ka Purwa stopped her on the road in front of the Navyug Vidya Mandir School and asked her that after your marriage you are not talking to me." On this, his daughter replied that she had married and that she will not talk to him. Thereupon, accused-appellant pushed his daughter down by stabbing her with a knife. His son-in-law by raising an alarm, rushed to the house of the informant. By the time first informant reached the spot of crime, her intestine had come out. It is also mentioned in the report that he took his daughter to Rama Shiv Hospital for treatment, where the doctor declared her dead. This incident was witnessed by some other people as well. He had brought his daughter's dead body to the police station. After the incident, the accused-appellant fled away from the spot. On the basis of the aforesaid information a case was lodged and (Ext. Ka-1) a chik FIR was prepared by Baleshwar Prasad PW-5 (Ext. Ka-3) at case Crime No. 140 of 2005, under Section 302 I.P.C.