BABLU S/O JAGGA SINGH Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
Bablu S/O Jagga Singh
STATE OF UTTARAKHAND
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(1.) This criminal appeal has been preferred by the convict Bablu challenging the judgment and order dated 17.2.2009 rendered by learned Additional Sessions Judge, Kashipur (U.S. Nagar) in S.T. No.276 of 2006, State Vs. Bablu, whereby the accused has been convicted u/s 302 IPC and sentenced to undergo imprisonment for life besides fine of Rs.10,000/-. Accused was further found guilty u/s 309 IPC and sentenced to undergo one year's R.I. with fine of Rs.1,000/-.
(2.) Facts of the case are that PW1 Krishna Kaur lodged a first information report with the averments that her daughter Manjeet Kaur, along with her husband Bablu (accused), used to reside in a separate hut. In the intervening night of 19/20.5.2006 at about 4 A.M., on hearing the noise coming from the said hut, complainant along with PW2 Jagir Singh (a neighbour) rushed to the spot and saw that accused, while making his wife lay down on the floor, was giving repeated blows of hammer and screwdriver on her body. It was reported that at about 11 P.M. of the same night, some altercations too were noticed between the couple. The accused thereafter also strived to commit suicide by cutting vein of his forearm with a blade. On account of the said injuries, Manjeet Kaur breathed her last on the spot itself. The accused Bablu was also got admitted in the government hospital, Kashipur by the local people. This FIR (Ex.A-1) was lodged by PW1 on 20.5.2006 at 6:10 A.M., CHIK whereof is Ex.A-3. After investigation, a chargesheet was submitted against the accused for the offences u/s 302/309 IPC. The Charge was thereafter levelled accordingly against the accused, and he was put to trial.
(3.) Prosecution has examined PW1 Krishan Kaur (complainant/eyewitness), PW2 Jagir Singh (eyewitness), PW3 A.S.I. Anand Singh (who prepared Chik), PW4 Dr. Om Prakash (who medically examined the accused), PW5 Dr. R.K. Sundariyal (who conducted the autopsy) and PW6 S.I. Chandrapal Singh (I.O. of the case). Thereafter the statement of the accused was recorded u/s 313 Cr.P.C. The trial ended in conviction of the accused, as aforesaid.;
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