PAWAN KUMAR YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Instant Appeal has been preferred against the judgment and order passed by learned Additional Sessions Judge/ Special Judge (Essential Commodities), Act, Barabanki in Sessions Trial No.52/2014. State vs. Pawan Kumar Yadav arising out of case Crime No.148 of 2013 under Section 302 IPC, Police Station Tikait Nagar, District-Barabanki whereby accused-appellant has been convicted and sentenced under Section 302 IPC to imprisonment for life and a fine of Rs.20,000/- In default of payment of fine, three months' simple imprisonment was awarded.

(2.) A written report was submitted by one Kripa Ram Yadav at Police Station Tikait Nagar, District Barabanki on 20.7.2013 stating that his daughter Jyoti, aged about 19 years, had gone to meet the call of the nature a day before at about 10.00 AM. She did not return. On 20.7.2013 at about 12.30 noon, her dead body was found in the grove of one Pandey. This information was entered in G.D. No. 19 at 15.35 dated 20.7.2013. Inquest proceedings were conducted. Body was sealed and was sent for postmortem which was conducted on 21.7.2013 wherein the cause of death was shown as result of antemortem throttling. Viscera was preserved. On the basis of postmortem report, case under Section 302 IPC was registered at Case Crime No.148 of 2013. Investigation was handed over to the Station House Officer Dependar Singh. During investigation statement of the witnesses were recorded. Site plane was prepared. After investigation charge-sheet was submitted against the accused.

(3.) Accused was charged under Section 302 IPC, who denied the charges and claimed trial.