SALIM Vs. STATE OF U P

JUDGEMENT

(1.) APPELLANT Salim, husband of deceased Salma alias Mallu has questioned the legality and sustainability of his conviction under Section 302, I.P.C. and sentence of life imprisonment thereunder recorded by Special Judge (Anti Corruption), Gorakhpur in S.T. No. 361 of 1995, State v. Salim, under Section 307/302, I.P.C., P. S. Kotwali, district Gorakhpur.

(2.) IN bird eye view, prosecution allegations against the appellant were that the appellant, a resident of Humayunpur South, P. S. Kotwali, district Gorakhpur had contracted marriage with Salma alias Mallu (deceased), a resident of House No. 5/E, Kauwa Bag, Railway Colony, near about twelve years prior to the date of the incident and the couple were blessed with three children. One and half to two years prior to the date of incident, appellant had deserted Salma alias Mallu to live with another lady but subsequently one and half months prior to the date of the incident, appellant again started living with Salma alias Mallu in her parental house in mohalla Kauwa Bag, police station Kotwali, district Gorakhpur.

(3.) HARINATH Tewari, P.W. 10, had commenced the investigation, took the statement of injured under Section 161, Cr. P.C., which by virtue of death of the deceased Salma alias Mallu, is now her dying declaration. Investigating Officer prepared the site plan, made spot inspection, arrested the accused and concluding the investigation laid a charge-sheet in the Court against the appellant under Section 302, I.P.C.