SARVESH Vs. STATE OF U.P.

JUDGEMENT

(1.) This Jail Appeal has been filed by the accused/ appellant Sarvesh challenging the impugned judgment and order dated 09.10.2012 passed by the Additional Sessions Judge, Court No.8, Firozabad in Sessions Trial No.39 of 2011 (State of U.P. Vs. Sarvesh Kumar); Crime No.264 of 2010, Police Station Ramgarh, District Firozabad, whereby accused/ appellant was convicted and sentenced under Sec. 306 Penal Code with seven years' rigorous imprisonment along with fine of Rs.3000.00 and in case of default in payment of fine to further undergo one year's additional rigorous imprisonment.

(2.) The brief facts of the case are that a written report Ex. Ka-1 scribed by complainant Lankush Singh (PW-1) was lodged at Police Station Ramgarh, District Firozabad on 03.07.2010 against the appellant alleging therein that 13 years ago from the date of incident marriage of his daughter namely Smt. Sunita was solemnized with the appellant according to Hindu rites and rituals. The appellant had bad habits of drinking, gambling etc. and he had sold his house and other properties. His daughter was surviving anyhow by doing the labour job and from the earning of this job, she had purchased a plot, which was registered in her name. The appellant used to demand the papers of sale deed from the deceased, due to which she was very puzzled. She was living at the house of Gaya Prasad at Narayan Nagar, Firozabad and was paying the rent of the room. In the night of 02/03.07.2010, his daughter consumed some poisonous substance due to the violence of the appellant, due to which she died. His daughter used to narrate all the facts regarding violence committed by the accused-appellant to him and his other family members. Today i.e. on the date of incident, his grandson (Dhevata) Chetan told him about the cause of death on mobile and lastly he prayed for registering the case and taking legal action against the appellant.

(3.) On the basis of this written report Ex. Ka-1, chik FIR Ex. Ka-9 was recorded by PW-5 CP Rashid and the same was entered into G.D. Ex. Ka-10. The Investigating Officer proceeded to the place of occurrence, where inquest report Ex. Ka-2, challan lash Ex. Ka-3, photo nash Ex. Ka-4, letter to R.I. Ex. Ka-5, letter to C.M.O. Ex. Ka-6 were prepared and the site plan of the place of occurrence Ex. Ka-7 was also prepared. Thereafter, the corpse of Smt. Sunita was sent for postmortem to the District Hospital, Firozabad.