KALI CHARAN Vs. STATE OF U P

JUDGEMENT

(1.) This Jail Appeal under Section 383 Cr.P.C. through Superintendent of Jail, Hathras has been filed by accused-appellant, Kalicharan against judgement and order dated 11.04.2012 passed by Sri Sanjay Kumar, Additional Sessions Judge, Court No. 4, Hathras in Sessions Trial No. 297 of 2010 relating to Case Crime No. 340 of 2010, P.S. Sasni, District Hathras, convicting accused-appellant under Section 302 IPC and sentencing him to undergo life imprisonment with a fine of Rs. 5000/- and in default of payment of fine, he has to undergo further additional imprisonment of one year.

(2.) Factual matrix of the case as emerging from First Information Report (hereinafter referred to as "FIR") as well as material placed on record is as follows.

(3.) An FIR Ex.Ka-1 dated 03.08.2010 was presented in Police Station Sasni, District Mahamaya Nagar by Informant PW-1 Mukesh Kumar, alleging that in the night preceding 03.08.2010 at about 12:30 AM, Informant's real brother Kalicharan committed murder of his wife Smt. Kiran Devi by chopping her neck from back side with spade while she was sleeping under tin-shed, on apprehension of her having illicit relations with someone. As soon as, Informant's son Master Sachin aged about 9 years cried, he was silenced. After some time, accused-appellant Kalicharan fled away. On coming to know about the incident, Informant had gone to police station for furnishing information. FIR further recites that dead body of Informant's Bhabhi (elder brother's wife) was lying at his house.