BINDHYAVASINI GOND Vs. STATE OF U P

JUDGEMENT

(1.) Against judgment and order dated 31.07.2013 passed by Additional Sessions Judge, Court No. 7, Varanasi in Sessions Trial No.62 of 2013, Crime No.231 of 2012, under Sections 302 and 201 IPC, Police Station Rohaniya, District Varanasi, accused-appellant has preferred present jail appeal under Section 383 Cr.P.C. from Jail through Superintendent District Jail, Varanasi. By impugned judgement, appellant has been convicted under Section 302 I.P.C. and sentenced to undergo rigorous imprisonment for life with fine of Rs. 25,000/- and in default of payment of fine, one year additional rigorous imprisonment and further he has been convicted under Section 201 I.P.C. and sentenced to undergo five years rigorous imprisonment with fine Rs. 5000/- and in default of payment of fine, six month additional rigorous imprisonment.

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

(3.) P.W.-1 Shyam Lal submitted a written report Ex.Ka-1 in Police Station Rohaniya, District Varanasi stating that on 2.6.2011, his daughter Anju was married with Bindyavasini Gond son of Lalji Gond village Vishokhar Lathiya, Police Station Rohaniya, District Varanasi. After marriage PW-1 brought her daughter from her matrimonial house in Chauthi ceremony. Thereafter, his son-in-law Bindhyavasini Gond (accused-appellant) never visited his house to bring his daughter (Anju). It was further stated that character of son-in-law was not good. He was angry with his family. Many times Bindhyavasini Gond threatened his son (Rajesh Gond) to kill him. On 18.8.2012, Rajesh Gond went to the house of his elder daughter Manju Devi, village Amra, Police Station Rohaniya, and stayed for two days there. On 20.8.2012 victim Rajesh Gond left for Vidapur but did not reach his house. On 25.8.2012 at about 8:00 AM, PW-1 was informed by his daughter Manju Devi that dead body of Rajesh Gond, wrapped in blanket, was lying in the room of Bindhyavasani Gond (accused). PW-1 along with his daughter Manju Devi, PW-3, visited house of accused-appellant and identified dead body of Rajesh Gond who was murdered by Bindhyavasani Gond. Accused-appellant ran away after locking the room.