CHANDRA DHARI SINGH,J. - (1.) Heard Mr. Vinay Saran learned Amicus Curiae for the appellant, Mr. Nagendra Bahadur Singh, learned A.G.A. for the State and perused the record.
(2.) This instant jail appeal has been filed against the impugned order dated 19.02.2005, passed by the Additional District and Sessions Judge, Court No. 4, Ghaziabad in Session Trial No. 116 of 2004, whereby the accused-appellant had been convicted for offence punishable under Section 302 I.P.C. and sentenced to suffer imprisonment for life and fine of Rs. 5,000/-, in default of payment of fine, he shall undergo rigorous imprisonment for six months.
(3.) Brief facts of the case. (I) The story of the prosecution is that on 11.11.2003, the accused Anil and her wife Santosh (deceased) were working in the field, after sometime they had started quarrelling with each other. There was scuffle between accused-appellant and deceased Santosh. On the spur of moment, the accused Anil took the fawda which was lying in the field and gave a very strong blow on her neck. She died on the spot. At the time of incident, complainant Chandrapal Singh, Indrajeet and Devendra Singh were present near the field as they were also working in the other filed. (II) Tehrir was prepared and submitted by the complainant. PW-5 Chandrapal Singh and he had narrated the incidents which took place on 11.11.2003 at 9:30 a.m. On the basis of the Tehrir, F.I.R. was lodged on the same day i.e. on 11.11.2003 at 10:33 a.m. in police station Muradnagar, Modinagar, Ghaziabad against the appellant for commission of offence punishable under Section 302 I.P.C. III. After lodging the F.I.R., the investigation was conducted by Investigating Officer, the police reached on the spot and made a site plan of the place of incident, then collected blood stained soil and plain soil along with other articles of the deceased. The statements of the witnesses were recorded under Section 161 Cr. P.C., 1973 The dead body of the deceased was sealed and sent to the hospital for post-mortem. The postmortem was conducted by PW-8, Dr. R.K. Verma. IV. After completing the investigation, the charge-sheet was filed against the accused person for offence punishable under Section 302 I.P.C. The case was committed to the court of Sessions for trial. V. To bring home the guilt of the accused-appellant, prosecution has examined eight witnesses. Incriminating evidence and circumstances were put to accused-appellant under Section 313 Cr. P.C., 1973 the accused denied all of them and stated that he was falsely implicated in this case.;