RAJESH KUMAR SHUKLA Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 06.10.2004 and 07.10.2004 respectively passed by the learned Additional Session Judge (F.T.C.no.2), Sitapur, in Sessions Trial No.782 of 1995 and Session Trial No.373 of 1996, corresponding to Case Crime Nos.171 of 1995, 172 of 1995 and 173 of 1995, Police Station Biswan, District Sitapur, whereby and whereunder the appellant Rajesh Kumar Shukla has been convicted under Sections 302 and 498-A of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and pay a fine of Rs.10,000/- with stipulation clause for the offence under Section 302 of the IPC and he was also sentenced to undergo rigorous imprisonment for two years and pay a fine of Rs.2000/- with stipulation clause for the offence under Section 498-A of the IPC.

(2.) The case of the prosecution in short, as per the written report of PW-1, Uma Shanker Shukla, is that the sister of informant namely Urmila (deceased) was married about seven years ago with the appellant Rajesh Kumar Shukla. It is alleged that after marriage the appellant, his mother Maya Devi and father Maheshwar Dayal used to torture and assault the deceased in connection with home affairs. It is further stated that the informant and his family members had visited the in-laws house of the deceased and tried to pacify the matter, but the appellant and his family members gave no heed to the said persuasion. It is alleged that on 12.07.1995 the informant went to in-laws house of the deceased with a view to meet her and found that her mother-in-law, sister-in-law, father-in-law and the appellant were abusing the deceased and threatening the deceased. It is stated that the informant had pacified the matter. It is then alleged that at about 8:00 P.M. in the night the deceased went for meeting the call of nature. It is further alleged that after sometime the appellant also went for easing. It is further stated that behind the above two persons the informant also went for easing and when he reached outside the village, he saw in the light of torch that the appellant with a view to kill the deceased had fired on her by a countrymade pistol. Due to said firing the deceased fell on the ground. Thereafter, the informant raised alarm, whereupon the appellant fled away after giving threatening to the informant. It is further stated that on the alarm villagers came and then the informant went near the deceased and found that she had already died. It is stated that thereafter the informant went to village Belwa and informed his another sister about the occurrence. It is further alleged that when the informant again came to the place of occurrence alongwith family members of his another sister he saw in the light of torch that the appellant was fleeing away keeping the head of the deceased in his hand.

(3.) It appears that on the basis of aforesaid written report an F.I.R. was lodged on 13.07.1995 at 7:30 A.M. and Case Crime No.171 of 1995, under Sections 498-A, 302, 201, 504, 506 of the Indian Penal Code against the appellant and co-accused Maheshwar Dayal Shukla and Smt. Maya Devi and police took up investigation.