LAWS(ALL)-2022-8-29

ANURAG SHARMA Vs. STATE OF U.P.

Decided On August 06, 2022
ANURAG SHARMA Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) This appeal is preferred against the judgment and order dtd. 27/6/2018, passed by Additional Sessions Judge, Court NO.11, Meerut, in Sessions Trial No.553 of 2015 (State vs. Anurag Sharma) arising out of Case Crime No.64 of 2015 under Sec. 302 IPC, Police Station-Kotwali, Meerut by which the accused appellant was convicted under Sec. 302 IPC and sentenced with life imprisonment and fine of Rs.25,000.00 with one year additional imprisonment in case of default of fine.

(2.) The brief facts of the case as culled out from the record are that a Written-report (Ex.ka1) was submitted by the complainant, namely, Shail Kumari Sharma (mother of the accused and wife of the deceased) to the Police Station-Kotwali, Meerut on 12/3/2015 with the averments that on that date at about 12:30 p.m., she had gone to the house of her brother at Devpuri and from there she went to Nagar Palika with her nephew, namely, Shivanshu Sharma s/o Promod Kumar Sharma to deposit the house-tax. She had left her husband Prem Kishan Sharma aged about 70 years and her son Anurag Sharma at home. After depositing the house-tax in Nagar Palika at about 2:30 p.m., she returned to her house with her nephew and saw there that her husband was lying in dead condition in the corridor of first-floor of the house and there was pool of blood in corridor and inside the room and her son Anurag, who was drug addict and used to demand the money for it from his father, was absent from the house. It is also averred that her husband was retired from the post of clerk in Electricity department in the year 2005. His dead-body is lying. He has murdered by inflicting injuries on the head.

(3.) On the basis of aforesaid written report, a first information report (Ex.ka3) was registered at Police Station-Kotwali under Sec. 302 IPC and investigation was taken up by S.I. Mukesh Kumar. During the course of investigation, Investigating Officer visited the spot and collected the plain and blood-stained earth from the place of occurrence and prepared the recovery memo with bed-sheet and towel.