JUDGEMENT
PRITINKER DIWAKER, J. -
(1.)This appeal arises out of impugned judgement and order dtd. 24/9/2016 passed by Special Judge Prevention of Corruption Act, Court No. 2, Gorakhpur in Sessions Trial No. 381 of 2015, convicting the accused-appellant under Sec. 302 of I.P.C. and sentencing him to undergo imprisonment for life with a fine of Rs.10,000.00, in default thereof, to undergo three months additional imprisonment.
(2.)In the present case, name of deceased is Sweta, wife of accused appellant Dharmendra Nishad. Their marriage was solemnized on 8/5/2014 and she died homicidal death on 4/4/2015 at about 08.00 P.M. On the basis of written report Ex.Ka.1, dtd. 5/4/2015 lodged by father of the deceased Gorakh Nishad (PW-1), F.I.R, Ex. Ka. 3 was registered on the same day under Ss. 498A, 304B read with Sec. % of Dowry Prohibition Act against six persons namely Dharmendra Nishad, Khajanchi, Kismati, Ravindra Nishad, Sikandar Nishad and Gunja. Inquest on the dead body was conducted vide Ex. Ka.2 on 5/4/2015 and the body was sent for postmortem, which was conducted on 5/4/2015 vide Ex. Ka.7 by Dr. Akhilesh Singh. As most of the documents have been admitted by the appellant under Sec. 294 Cr.P.C., some of the witnesses including the Autopsy Surgeon have not been examined.
(3.)As per postmortem report, the deceased suffered following burn injuries:
"Abraded contused swelling in and on front of neck of size 8 cm x 2 cm on cutting skin beneath haematoma. On opening trachea deeply congested. Hyoid bone # (fractured)."
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