RAKESH KUMAR PANDEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri R.P. Tiwari, learned counsel for the appellant, Sri Sher Singh, learned AGA and perused the record. This criminal appeal is directed against the judgment and order dated 8.7.2003 passed by Sri Krishna Singh, Additional Sessions Judge, Court No.2, Gorakhpur in S.T. No. 355 of 2001, State Vs. Ratnesh Kumar Pandey and others and S.T. No. 510 of 2001, State Vs. Smt. Maya Rani and others , convicting and sentencing the appellant Ratnesh Kumar Pandey under Sec. 302 Indian Penal Code to undergo imprisonment for life with a fine of Rs. 10,000.00 (Ten Thousand). It was further directed that in default of payment of fine the appellant shall further undergo 1 year RI. The appeal is preferred on the ground that the conviction and sentence by the Court below are against the weight of evidence on record and contrary to law; that the conviction and sentence being too severe and in the facts and circumstances of this case, the appeal is liable to be allowed by setting aside the jdugment and order of the Court below.

(2.) This case has its genesis in FIR dated 31.1.2001 lodged at 10.05 A.M. in respect of occurrence,which is said to have taken place at Mohalla Awas Vikas Colony, Tiwaripur, Gorakhpur on the night of 30/31.1.2001 within the jurisdiction of PS Tiwaripur, Sadar, District Gorakhpur. Ratnesh Kumar Pandey son of Sri Prabhu Nath Pandey resident of House No. A-353, Avas Vikas Colony, PS Tiwaripur, Gorakhpur was married to Suman, who was the sister of first informant Chandra Shekhar Pandey son of late Rajendra Prasad Pandey resident of village Dharmshala, PS Gagha, District Gorakhpur. According to the averments made in the FIR, the marital relations between accused Ratnesh Kumar Pandey and his wife deceased Suman were passing through a troubled phase. Suman used to inform about tense relationship between her and her husband to her In-laws and for about two months before her death she was living with her brother, the first informant. On 29.1.2001, Ratnesh Kumar Pandey took Suman to his house in the evening. The first informant was informed by a relative that his sister had been murdered by accused Ratnesh Kumar Pandey and one unknown person and her body was lying in the room.

(3.) On the basis of chik report case crime no. 13 of 2001, under Sec. 302 Indian Penal Code was initially registered against accused Ratnesh Kumar Pandey and one unknown person. It was partly investigated by Sub-Inspector Sri Gopal Swaroop Bajpai and partly by C.O. Sri O.P. Pandey and C.O. Sri Ajay Shankar Rai, under Sections 498-A, 304-B/34, 120B Indian Penal Code and Sec. Dowry Prohibition Act, against accused Ratnesh Kumar Pandey, Prabhu Nath Pandey, Smt. Mayarani Pandey, Rajesh Kumar Pandey and Smt. Poonam Pandey. After completing the investigation Charge sheet no. 24/2001 was submitted against accused Ratnesh Kumar Pandey, Ramzan, Prabhu Nath Pandey, Rajesh Kumar Pandey and Charge sheet no. 24A/2001 was submitted against Smt. Mayarani wife of Sri Prabhu Nath Pandey and Smt. Poonam Pandey wife of Sri Rarjesh Kumar Pandey. The cases were committed to the Court of Sessions vide orders dated 16.7.2001 and 13.11.2001 passed by the Chief Judicial Magistrate, Gorakhpur and were registered as S.T. Nos. 355 of 2001 and 510 of 2001 respectively.Both the cases were consolidated vide order dated 5.1.2002 and S.T. No. 355 of 2001 was made as the leading case and charges against the accused Ratnesh Kumar Pandey, Prabhu Nath Pandey, Rajesh Kumar Pandey, Smt. Mayarani and Smt. Poonam Pandey under Sections 498A, 304B Indian Penal Code and Sec. Dowry Prohibition Act were framed.