ANIL CHHETRI S/O SANTOSH SINGH Vs. STATE OF UTTRAKHAND
HIGH COURT OF UTTARAKHAND
Anil Chhetri S/O Santosh Singh
State Of Uttrakhand
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(1.) This appeal, preferred under section 374 of the
Code of Criminal Procedure, 1973 (for short CrPC), is
directed against the judgment and order dated
3.10.2008/6.10.2008, passed by the Additional Sessions
Judge/Ist FTC, Dehradun in Sessions Trial No. 126/2006,
whereby the said Court has convicted the accused Anil
Chhetri under Section 302 IPC and sentenced him to
imprisonment for life and directed to pay fine of Rs.
5,000/-. In default of payment of fine, the trial court has
directed that the convict would undergo further three
months' rigorous imprisonment.
(2.) Heard learned Amicus Curiae for the
accused/appellant and learned Government Advocate for
the State, and also perused the lower court record.
(3.) Prosecution story, in brief, is that Bhagirathi
(deceased) was wife of accused Anil Chhetri (appellant).
Relations between the two were strained, and the
deceased was living in a rented accommodation in the
neighbourhood of her parental house. The couple had an
infant child. In the intervening night of 14/15.7.2006,
PW2 Roop Singh (servant of the landlord of the house in
which the deceased was living) heard noise of quarrel
between the husband and wife (accused and deceased). He
(PW2) saw the accused Anil Chhetri leaving the house
after bolting the door from outside. In the next morning,
PW3 Sita Devi (mother of the deceased) heard cries of the
child from the room where the deceased used to live. She
opened the door and went inside the house, where
Bhagirathi was found lying dead.
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