CHOTAY @ PREAM CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 31.03.2006 passed by Special Judge (D.A.A.), Kanpur Dehat in Special Session Trial No. 102 of 2003 (State Vs. Chotay @ Pream Chandra) convicting and sentencing the appellant-Chotay @ Pream Chandra under Section 302 of IPC to undergo life imprisonment with a fine of Rs. 4000/-, and further to undergo 7 years R.I. under Section 394/411 of IPC with a fine of Rs.1000/- and to undergo 3 years R.I. under Section 376/511 of IPC with a fine of Rs. 1000/- with default stipulation. All the sentences are ordered to run concurrently.

(2.) Briefly stating the prosecution story is that on 10.08.2003, at about 5.30 P.M. Smt. Kamlesh aged about 52 year, wife of informant-Daya Shanker Dwivedi was found dead in suspicious condition in the field of Meccai, near his house, where she had gone to bring taroi and as there is no external injury on her dead body, the real cause of her death could not be ascertained. Her dead body has been brought to home from the field. This tahrir was written by one Ram Bilas, on which, the informant put his thumb impression. This tahrir is Ex.Ka-3, upon which, entry in GD No.37 at 11.45 PM was made which is exhibited as Ex.Ka-1. FIR was registered at 12.10 PM, which is Ex.Ka-2.

(3.) After completion of investigation, charge sheet Ex.Ka-14 has been submitted in the Court of Special Judge (DAA), Kanpur Dehat on 24.09.2003 by the Investigating Officer, on which, congnizance was taken and charge was framed by the Trial Court on 17.04.2004 which reads as under;