HUKAM SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Present Criminal Jail Appeal has been filed by appellant Hukam Singh, against judgment and order dated 25.8.2012 passed by Additional Sessions Judge, Court No.18, Agra in Sessions Trial No. 157 of 2010 (State of U.P. Vs. Hukam Singh) arising out of Case Crime No. 433 of 2009, under Sections 304 & 308 I.P.C., Police Station Jagadishpura, District Agra whereby the appellant has been convicted under Section 304 IPC and sentenced to undergo rigorous imprisonment for life with fine of Rs. 5,000/- and in default, one year's simple imprisonment and under Section 323 IPC one year's rigorous imprisonment.

(2.) Prosecution story in brief is that on 21.9.2009 at 00:50 night, Rambeti, maternal aunt (mausi) of complainant was sleeping in her house; her husband accused Hukam Singh came his house after taking wine and assaulted Rambeti by pounder (musal) on her head, she received head injury and became unconscious. Subsequently, Rambeti (wife of accused-appellant) died. He also assaulted his son Chhotey Lal who received head injury.

(3.) On the basis of written report (Ext. Ka-1) case was registered and investigation started. Prepared recovery memo of Bamboo 'Danda' is exhibited as (Ext. Ka-2); recovery memo of blood-stained and plain floor are exhibited as (Ext. Ka-3), Panchayatnama as (Ext. Ka-5), Chik F.I.R. as (Ext. Ka-6), G.D. entry as (Ext. Ka-7), postmortem report as (Ext. Ka-8), recovery memo of Iron 'Khallar Musal' as (Ext. Ka-11), site plan as (Ext. Ka-12) and charge sheet as (Ext. 13).