- (1.) Heard Shri Rajendra Prasad Misra, learned counsel for the appellant, Shri Umesh Verma, learned A.G.A. and perused the record. Instant appeal has arisen against the judgment and order dated 08.02.2013 passed by Additional District and Sessions Judge, Court No.4, Gonda in S.T. No.203/2011 arising out of Crime No.122/2011 under Section 304 I.P.C., P.S.-Itiyathok, District-Gonda, whereby accused-appellant was convicted under Section 304 Part I I.P.C. and was sentenced for life imprisonment and pay a fine of Rs.5000/- and in default of payment of fine, six months of rigorous imprisonment was also awarded.
(2.) Facts in brief of the present case are that complainant-Raj Kumar Pandey on 03.04.2011 submitted an information that there are no cordial relations between his parents, namely, Munshi Lal and Pushpa Devi and often they used to quarrel due to domestic problem. On 02.04.2011 when complainant along with his younger brother-Akshay Kumar came back from school to home, they found that there was a lock on the main door of their home and searched for their parents. On 03.04.2011 at 8:00 a.m. his father informed the complainant on his mobile phone that the key of lock is kept in the Ramayan and after getting the key, he opened the lock and went inside the house where he found their mother lying dead in the southern side of the room near court-yard and a nylon cord was wrapped around her neck.
(3.) Accordingly, an F.I.R. was lodged on 03.04.2011 at 9: 30 p.m., Case Crime No.122/11 under Section 302 I.P.C., P.S.-Itiyathok, District-Gonda was registered. Thereafter, a inquest report as well as site-plan was prepared by Ram Pyare, Investigating Officer, P.S.-Itiyathok, District-Gonda and post-mortem of dead body was conducted on 03.05.2011 at 3:50 p.m. by Dr. P. K. Srivastava and in the said report, the cause of death has been mentioned due to asphysixia as a result of strangulation. Following ante mortem injuries were found:- 1. Multiple abraded contusion 10cm x 5cm back of left arm. 2. Abraded contusion 2cm x 1 cm back of left elbow. 3. Ligature mark around upper part of neck obliquely placed size 30 cm x 3cm, 5cm below right ear, 5m below chin and 5cm below left ear, on dissection, Fracture Right corner of Hyoid Tissue. 4. Contusion 5sxm x 4cm on left maxillary region of face. Thereafter, charge sheet was submitted by the Investigating Officer. A case at S. T. No.203/2011 arising out of Case Crime No.122/2011 under Section 304 I.P.C. has been instituted in the Court of Additional District and Sessions Judge, Court No.4, Gonda. Accused-appellant denied the charges and claimed trial.;