MAHENDRA KUMAR DWIVEDI Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 23.3.2011 passed by Sessions Judge, Raibareilly in Session Trial No. 53 of 2010 in case crime No. 398 of 2009 under Sections 304 Indian Penal Code (hereinafter referred to as 'IPC') registered in police station Gadaganj, District Raibareilly (State of U.P. v. Mahendra Kumar Dwivedi @ Munna) whereby the appellant has been convicted under Section 304 IPC and sentenced to life imprisonment with a fine of Rs. 5000/-, in default of payment of which he is liable to suffer one year additional simple imprisonment.

(2.) Heard Sri Jaikaran, learned counsel for the appellant and Sri Pankaj Kumar Tiwari, learned A.G.A. for the State and perused the record.

(3.) The case of the prosecution against the appellant is that the appellant was married to Smt. Bandana (deceased) who is sister of the complainant Shiva Kant Dwivedi (P.W.-1) and used to work in Punjab. Four years prior to the incident, the appellant had left his employment in Punjab and had started living in his village but was unable to find any employment. The deceased used to work in local school on a Class IV Post but the appellant used to be suspicious regarding her character as a consequence of which, there were constant quarrels between the couple and the appellant had compelled the deceased also to leave her job. On 22.9.2009 the appellant, the deceased and their daughter Km. Priti had stayed the night in the house of Pappu Dwivedi alias Rama Kant (brother of deceased) and when on 23.9.2009 when the appellant and the deceased were returning to their residence along with Master Akash Deep (P.W.-2), the minor son of the complainant, suddenly in front of Gaura Garhi, veterinary hospital, the appellant snatched the axe of one Dhunnar Bajpayee (P.W.-5) who was cutting wood and used that axe to attack the deceased on her head many times due to which she became seriously injured and fell down unconscious whereupon the complainant took her to the local hospital in Raibareilly but she died on the way.