LALJI GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) This appeal under section 383 of Cr.P.C. has been filed by convict appellant Lalji Gupta through Senior Superintendent, Central Jail, Varanasi, against judgment and order of conviction and sentence dated 30.11.2006 passed by the Additional Sessions Judge, Court No. 3, Basti, in S.T. No. 15 of 2005, State Vs. Lalji Gupta, arising out of Case Crime No. 468 of 2004, under section 302 I.P.C., P.S. Rudhauli, District Basti, whereby appellant Lalji Gupta has been convicted and sentenced with life imprisonment with a fine of Rs. 2000/- for offence of murder punishable under section 302 I.P.C. and in default in making payment of fine further R.I. of one month was awarded.

(2.) The very perusal of the impugned judgment and Trial Court's record reveals that first information report (exhibit Ka2) was lodged by Rajesh son of Ram Shanker, resident of Raja Bazar, P.S. Purani Basti, District Basti, at Police Station Rudhauli, District Basti, on 5.7.2004 at 22.50 hours against Lalji Gupta, son of Late Ram Shanker, resident of Mudiyar Chauraha, P.S. Rudhauli, District Basti, for offence punishable under section 306 I.P.C. with allegation that informant's sister Poonam was married, three years back, with Lalji Gupta. She was blessed with a girl aged about one year. Her husband was liquor addict and owing to it he started selling all his properties including house. This was protested by her. He was intending to sell his residential house for which, an advance was taken by him. Poonam was pressurised for it. On 5.7.2004 at 12.00 P.M. elder brother of Lalji namely Triveni alias Kichchi informed him that Poonam has consumed some medicine at 7.00 A.M. and owing to this she was vomiting. She was taken to P.H.C. Rudhauli and was under treatment. Informant along with his mother rushed at P.H.C. Rudhauli and found Poonam to have been taken to District Hospital, Basti, and when he was on the way to District Hospital, Basti, family members of Lalji met him near Malviya Tiraha and apprised him that Poonam succumbed before reaching Hospital. Her dead body was taken back to 'Mudiyar Chauraha' and this information was lodged at police station for taking legal recourse. Investigation proceeded by way of inquest proceeding and autopsy examination of dead body. It was found to be death owing to presence of Oregano Chloral Insecticide poison in viscera in Forensic Science Laboratory report (Ext. Ka-7). Investigation resulted in filing of charge-sheet, over which the Magistrate took cognizance for offence punishable u/s 306 I.P.C.

(3.) As the offence was exclusively triable by the Court of Sessions, hence the file was committed to the Court of Sessions where the Presiding Officer of Court of Additional District & Sessions Judge, Court No. 3, Basti, vide order dated 27.4.2005 leveled charge against Lalji Gupta for offence punishable u/s 306 I.P.C., which was read over and explained to accused, who pleaded not guilty and claimed for trial. Subsequently the Presiding Officer of Court of Additional Sessions Judge, Court No. 3, Basti, vide order dated 2.8.2006 amended the charge and framed the charge as follows: