Surendra Vikram Singh Rathore, J. - (1.) HEARD learned counsel for the appellant, learned A.G.A. for the State and perused the lower court record.
(2.) UNDER challenge in this appeal is the judgment and order dated 26.3.2008 passed by learned Additional Sessions Judge/Fast Track Court No. 6, Kanpur Nagar in Sessions Trial No. 646 of 2001 arising out of Case Crime No. 89 of 2001, Police Station G.R.P. Kanpur, District Kanpur, whereby present appellant Prem Shankar was convicted for the offence under Section 302 I.PC. and he was sentenced with imprisonment for life and also with fine of Rs. 25,000/ - with default stipulation of one year additional imprisonment. It a case of murder of his wife by the appellant. The case of the prosecution is that on 28.1.2001, one Bhawani Shankar Agnihotri received a phone call from the appellant that he brought deceased Suman Devi to Kanpur where she has expired. After getting this information, complainant Mool Chandra, who happens to be the brother of the deceased, immediately went to Chaudagra, Police Station Aung, District Fatehpur where he came to know that appellant after administering something to his wife, had taken him on the pretext of her treatment on 26.1.2001 to Kanpur and left her at Kanpur Railway Station. She was admitted by the police in Hallet Hospital where she died. It was alleged that after the marriage, father in law of the deceased, namely, Sankata Prasad, mother in law, Devar Daya Shankar, Shiv Shankar and the appellant used to treat her with cruelty in connection with demand of dowry. The deceased used to make complaint of such cruel behaviour of her family members of her in laws house. The complainant and his family members had talked with the accused persons but it paid no dividend. When complainant sold some part of his land, then these persons again pressed their demand saying that now you have sufficient money and made a demand of Rs. 25,000/ -. The complainant in his F.I.R., which was registered at Police Station on 28.1.2001 at 21:40 hours expressed apprehension that his sister has been murdered by administering poison on her.
(3.) BEFORE registration of this case, on 26.1.2001, deceased Suman Devi was found crying with pain at railway station Kanpur Nagar. She was offered help by PW -2 Meena Devi, who was a Datoon vendor at the railway station. She was told by the deceased that her husband had administered something on the pretext of medicine, which increased her pain and thereafter he went away saying that he is going to bring medicine. Since she was crying badly, and saying that her husband has administered poison to her because even after several years of her marriage, she could not give birth to a child. In the meantime, police personnel also reached there and her dying declaration was recorded. On the said dying declaration, her thumb impression was obtained. Thereafter she was taken to Hospital. Ultimately she died in Hallet hospital on the same day. Her postmortem was conducted on 28.1.2001 at 1:30 p.m. But in the postmortem report, the cause of death could not be ascertained, hence Viscera was preserved. According to the Viscera Report dated 15.6.2001, aluminum phosphide poison was found in Viscera. During the course of investigation, inquest proceedings were conducted and the place of occurrence was inspected.;