SHYAM SHANKAR TIWARI, J. - (1.) HEARD Sri Santosh Tripathi, learned counsel assisted by Sri Kailash Choudhary for the appellant, who appeared to press the bail application moved on behalf of the appellant Dr.B.N.Das @ Bhagwan Das in Criminal Appeal No.6476 of 2009 and the learned Additional Government Advocate. Prayer for bail has been made on behalf of the appellant Dr.B.N.Das @ Bhagwan Das, , in this criminal appeal as he has been convicted in S.T. No.288 of 2008 ( State Vs. Dr.B.N.Das @ Bhagwan Das ) and sentenced to undergo life imprisonment and a fine of Rs.3000/- and in default of payment of fine further three months additional imprisonment under section 302 I.P.C., P.S. Chauri Chaura, district Gorakhpur.
(2.) THE prosecution case in brief is that the deceased Chandra Kala was married with appellant about 6-7 years before the occurrence. The appellant entangled himself with some other lady after the marriage due to which the relations between the deceased and the appellant became strained. The deceased used to oppose this act of the appellant and he used to torture her frequently and ultimately, in the night of 29.4.2008 the appellant killed the deceased by poisoning her. An F.I.R. in this regard was lodged by the informant against the appellant, which was registered at the Police Station concerned under section 302 I.P.C. After investigation a chargesheet was submitted against the appellant under section 302 I.P.C. After committal of the case, the learned Additional Sessions Judge relied upon the evidence adduced by the prosecution and recorded a finding of conviction as stated above. It is contended on behalf of the appellant that it is a case of only circumstantial evidence. There is no direct evidence implicating the appellant with this crime. There was no motive in this case with the appellant to commit this crime. The witnesses adduced by the prosecution are related and highly interested. The appellant has been falsely implicated in this case by the informant and his family members in order to grab his property. After getting information that his wife was not feeling well, the appellant carried her to a hospital in Gorakhpur where she was declared dead.
(3.) IT is submitted by the learned A.G.A. that there was clear motive for commission of this crime by the appellant. He was habitual of changing wives one after the other in order to satisfy his lust. After the marriage with the deceased he came in contact with another lady which was being opposed by the deceased, hence the appellant killed her by poisoning. The witnesses examined by the prosecution are reliable and trustworthy. The appellant is a man of loose character and his conduct in marrying ladies one after the other shows his desire to quench his thirst for unlawful lust and for the same he wanted to get rid off the deceased, hence he committed this crime.;