RAJENDRA PRASAD SHARMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) We have heard Sri Vikram Singh Srivastava as an Amicus Curiae, appointed under order dtd. 18/5/2022, for the appellant, who is in jail; Sri J.K. Upadhyay, learned AGA, for the State; and have perused the record.

(2.) This appeal is against the judgment and order dtd. 29/3/2007/30/3/2007 passed by the 16th Additional Sessions Judge, Kanpur Nagar in S.T. No.216 of 2005 thereby, convicting and sentencing the appellant under Sec. 302 IPC to imprisonment for life.

(3.) The prosecution case, in brief, is that the appellant was a tenant of a one room accommodation owned by PW1 (Ashok Kumar Tiwari). On 2/6/2004, when foul odour was sensed, the lock of the room was broke open to notice dead body of a girl dressed in a bridal attire lying on a cot. From that room a Sindurdan, Bindi, Lipstick, Broken bangles and few metal articles were recovered of which a seizure memo (Ex. Ka-2) was prepared. A piece of blanket over which the dead body was lying was also seized of which seizure memo (Ex. Ka-3) was prepared. Blood stained floor and plain floor of the spot from where the body was recovered was also lifted of which seizure memo (Ex. Ka-4) was prepared. Inquest was conducted on 2/6/2004, at about 11.45 am. An inquest report (Ex. Ka-5) was prepared. The body was thereafter sealed and sent for autopsy. The autopsy was conducted on 3/6/2004 at about 12.15 pm by PW-5. The autopsy report (Ex. Ka-8), inter alia, recites as follows:-