SANJAY KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal under Section 374(2) of Code of Criminal Procedure, has been filed by convict-appellant Sanjay Kumar, through District Legal Services Authority by Senior Superintendent of Jail, Bijnor, under Section 383 of Code of Criminal Procedure, against judgment of conviction and sentence therein, by Court No.7 of Additional District and Sessions Judge, Bijnor on 14.10.2011 in Sessions Trial No.759 of 2010 under Section 302 of IPC in Case Crime No.171 of 2010 of P.S. Nagina Dehat of District-Bijnor, wherein appellant Sanjay Kumar has been convicted for offence of murder punishable under Section 302 IPC and sentenced with life imprisonment and fine of Rs.10,000/- and in case of default of payment of fine, additional imprisonment of six months was to be faced.

(2.) From the very perusal of record of Trial Court, it is apparent that a Case Crime No.171 of 2010 under Section 302 IPC was got registered at P. S.Nagina Dehat of District-Bijnor on 10.07.2010 at 7.00 AM on the basis of a written report (Exhibit Ka 1) of informant, PW-1, Smt. Rati Devi w/o Ram Kumar r/o Village-Akbarpur, P.S.Nagina Dehat, District-Bijnor, against her own son Sanjay Kumar with allegation that complainant's husband Ram Kumar had been sleeping in room while watching TV in the night intervening 9/10.07.2010, when at about 1.00 AM, Sanjay Kumar suddenly assaulted him by some sharp edged weapon. She was at sleep in the courtyard and on hearing rescue call, she rushed and found her husband gasping over bed in pool of blood. Sanjay Kumar pushing her aside opened the door and fled away from spot. The informant made alarm. Her daughter-in-law Poonam, who was sleeping in the next room and many others rushed to the spot. Till then Ram Kumar was dead. FIR further recites that the accused-appellant Sanjay has murdered husband of informant.

(3.) After lodging of first information report, the investigation proceeded. Inquest proceedings were got conducted the same day between 8.00 AM to 9.00 AM in which opinion of witnesses was that death had occurred owing to ante mortem injuries found on the person of deceased, allegedly caused by Sanjay Kumar. Relevant police papers were got prepared on the spot and dead body after sealing intact was sent for Autopsy Examination. Post Mortem examination over dead body was conducted whereupon ten (10) ante mortem injuries were found and according to doctor death was caused owing to those ante mortem injuries.