SUNITA AGARWAL,J. - (1.) The present appeal arises from the judgment and order dated 21.4.2009 passed by the Additional Sessions Judge, Court No.11, Gorakhpur in Session Trial No.205 of 2006 ( State of U.P. v. Surendra Verma ) of conviction of appellant, Surendra Verma for life imprisonment found guilty of the offence under Section 302 IPC and a fine of Rs.10,000/-.
(2.) The appellant, Surendra Verma is father of the deceased victim namely Ms. Radhna. The case of the prosecution is that on 15.10.2005 at about 5:30am, a written report was given by Smt. Uma Verma, wife of Virendra Verma, resident of Mohalla Shivpur Sidhariya, Thana Cantt, District Gorakhpur, stating therein that her brother-in-law (Jeth) Surendra son of Bhabhuti Verma had inflicted serious injuries on the head of her daughter Ms. Radhna through "Gandasi". The victim also received serious injuries on other parts of the body and became unconscious and fell on the ground. The informant and other villagers took the victim to the Sadar Hospital, Gorakhpur for treatment. After admitting her in the hospital, the informant came to lodge the First Information Report.
(3.) The said report was registered as Case Crime No.1396 of 2005 under Sections 307 and 504 IPC. The investigation was conducted, a site plan of the place of occurrence was prepared, the statement of the witnesses were recorded. The medical examination of the injured victim namely Ms. Radhna was done. Upon death of Ms. Radhna, the case was converted for offences under Sections 302 and 504 IPC. Surendra Verma, the appellant was arrested from his house and on his pointing out, a blood-stained "Gandasi" was recovered, inquest of the dead body was prepared in the presence of the witnesses post-mortem was conducted. The appellant was charge-sheeted under Sections 302 and 504 IPC after completion of the investigation and committed to trial on 9.6.2006. The charges were framed by the Sessions Judge, Gorakhpur. The accused-appellant denied the charges and claimed to be tried.;