Vikram Nath and Pratyush Kumar, JJ. - (1.) The instant appeal filed on behalf of the accused appellant under section 374(2) of Cr.P.C is directed against the judgement and order dated 19.11.2009 passed by Sri Ram Raj Ram, Additional Session Judge, Fast Track Court No.4, Maharajganj, in S.T. No. 93 of 2006, State of U.P. v. Jagdish Gupta , whereby the appellant has been convicted under section 302 I.P.C and sentenced to undergo imprisonment for life and to pay fine of Rs.20,000/-, in default thereof to further undergo rigorous imprisonment of one year.
(2.) Heard Sri Shashwat Shukla, Advocate and Sri Kaushlesh Tripathi, learned counsel appearing for the appellant and Sri A.N. Mullah, learned A.G.A for the State-respondent and perused the record.
(3.) Facts giving rise to the present appeal may be summarized as under:- (i)That on 5.4.2006 at 7.10 a.m Chandra Bhan Gupta gave a written report at police station Kotwali, Sadar stating therein that on the previous day on 4.4.2006, he along with his son Vijay and his daughter Km. Saroj had gone to Durgamandir, Maharaj ganj. In his absence his wife Smt. Sharda Devi and his aged father remained at his house. His real brother Jagdish, who 2-3 days earlier had beaten his daughter-in-law who took shelter in the house of first informant and for that reason Jagdish had threatened that they were spoiling the mind of his daughter-in law as such they would not be spared. Yester-night at about 4.00 a.m his wife was sleeping in the Varanda nearby his father who was also sleeping. Jagdish after fastening his wife to the cot had burnt and murdered her and thereafter he had absconded. Hearing the shouts of his father other villagers came to the house and doused the fire.Coming to know of the occurrence he along with his children came back. The dead body of his wife was lying in the Varanda. He requested for suitable action. (ii) At this, chick F.I.R was scribed, Case Crime No.734 of 2006, under section 302 I.P.C was registered and the investigation was taken over by S.H.O Ram Mohan Singh, who reached the spot and held the inquest proceedings and sent the dead body of the deceased for the post-mortem examination, inspected the spot and recovered one iron rod from the spot and also took sample of ashes. Thereafter investigation was transferred to Sri Harish Chandra Bharati, who concluded the investigation and submitted the charge sheet against the present appellant.;