RAKESH TIWARI - (1.) HEARD Ibha Sinha, Amicus Curiae, appearing for the appellant, Syed. Ali Murtuza, learned A.G.A., and perused the record. This criminal appeal challenges the validity and correctness of the judgement and order dated 1.12.2000 passed by Vth Additional Sessions Judge , Farukkhabad, in S. T. No. 246 of 1999, convicting the appellant and sentencing him to life imprisonment along with fine of Rs. 10,000.00 U/S 302/120-B IPC. The judgment further provides that in case of default of fine, the accused/appellant will undergo 6 months additional imprisonment. The appeal has been filed on the ground that conviction of the appellant is liable to be set aside for the reason that the accused has been convicted without any evidence; that the deceased was allegedly murdered by the appellant and co-accused Km. Meena, is not worthy of conviction, in as much as, the co-accused has been acquitted, and that the motive assigned for murder being alleged illicit relations between the accused Ram Singh and Km. Meena, but there was no evidence on record to prove the same.
(2.) THE judgment impugned is also assailed on the ground that there are no eye-witness to support the prosecution story; that chain of circumstantial evidence is incomplete, and the FIR was not existing at the time inquest was made. Subedar Gulwant, P.W. 5, had informed the Kotwali Fatehgarh about the body of deceased Parvati Devi wife of Ram Singh in the evening of 18.4.1999 vide report no. 16 at 9.30 p.m. which was entered in the G.D. . However, the scribe of the FIR , Mukesh Dixit, who is alleged to have written the first information report of the father of the deceased as well as father of the appellant, has not been produced by the prosecution rendering the order of conviction illegal. The version of complainant, Kalyan Singh son of Sri Kunwar Singh, in the written report was that he had married his daughter, Parvati Devi with Ram Singh son of Sri Arjun Singh, about 10 years back and two daughters namely Km. Hema aged about 6 years and Km. Pooja aged about 3 years, were born out of wedlock. It was averred in the written report that Ram Singh had illicit relations with Km. Meena, daughter of his Mausi i.e. mother's sister about two years back and he had started to harass his wife Parvati Devi since then; that accused Ram Singh had taken away the two daughters from his wife Parvati Devi, on the pretext that he will provide good education to them at Fatehgarh, but their whereabouts are not known till date.
(3.) IT is further averred that father of Ram Singh came to Fatehgarh along with Parvati Devi to leave her with Ram Singh and he stayed there about 3 days, but Ram Singh did not agree to keep Parvati Devi as result of which father of Ram Singh had to leave Parvati Devi in her father's house. It is lastly stated in the written report that in the month of June, Ram Singh came to the village and he lived with Km. Meena. After great persuasion, Ram Singh brought his wife to Fatehgarh and then in a conspiracy with Km. Meena, he killed his wife Paravati Devi in the night of 17/18.4.1999. Sri Kalyan Singh father of the deceased got the report written by Mukesh Dixit, Civil Lines, Fatehgarh and handed it over to police station Kotwali, Fatehgarh on 19.4.1999, on the basis of which, Case Crime No. 174 of 1999 under Section 302, 120-B IPC was registered and chick report was prepared on the same date.;