ANIL CHHETRI S/O SANTOSH SINGH Vs. STATE OF UTTRAKHAND
LAWS(UTN)-2013-4-76
HIGH COURT OF UTTARAKHAND
Decided on April 03,2013

Anil Chhetri S/O Santosh Singh Appellant
VERSUS
State Of Uttrakhand Respondents

JUDGEMENT

- (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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