NARESH KUMAR SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) This is an appeal against the judgment and order of the trial court dated 25.11.2005 passed by the Additional Sessions Judge, Moradabad in Sessions Trial No. 145 of 2004 under Section 302 IPC, Police Station-Dilari, District-Moradabad whereby the appellant Naresh Kumar Sharma has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life with a fine of Rs.1,00,000/- and in case of default further imprisonment of three years.

(2.) Briefly stated the facts of the case are that an F.I.R. was lodged by the appellant alleging that on the night of 12/13.10.2003 he was sleeping inside his house in the room on a cot and his wife aged about 25 years was also sleeping in the room on another cot. At about 12:45 am in the night four persons came into the room and shot and killed his wife. Hearing the sound of the firearm the informant woke up and saw four persons running away out of whom two persons were wearing Pant and Shirt and two were wearing Kurta Pajama and one person was wearing a Tehmat (Lungi) and a Kurta. He also stated that there was enmity between him and one Amar Singh S/o Prem Singh Yadav of the same village and he suspected that Amar Sigh would be involved in the murder of his wife. In the F.I.R. it was also stated that these four persons had actually come to murder him but by mistake they killed his wife. The F.I.R. was lodged at about 2:45 am in the same night. The case was investigated by Devendra Pal Singh, S.O., P.S. Dilari, Moradabad who visited the spot at about 7:00 am on 13.10.2003. The Investigating Officer prepared the site plan (Ext. Ka-6) and inquest report (Ext. Ka-7). He also prepared the relevant documents and dispatched the dead body for postmortem.

(3.) P.W.6 Dr. Sunil Kumar conducted the autopsy on the dead body and prepared postmortem report Ext. Ka-2 according to which following injury was found.