RAM SINGH Vs. STATE OF U P
LAWS(ALL)-2014-4-459
HIGH COURT OF ALLAHABAD
Decided on
April 21,2014
RAM SINGH
Appellant
VERSUS
STATE OF U P
Respondents
Referred Judgements :-
BADRI VS. STATE OF UTTAR PRADESH [REFERRED TO]P N KRISHNA LAL VS. GOVERNMENT OF KERALA [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. GIAN CHAND [REFERRED TO]
RAMDAS VS. STATE OF MAHARASTRA [REFERRED TO]
STATE OF RAJASTHAN VS. KASHI RAM [REFERRED TO]
ABU THAKIR VS. STATE INSPECTOR OF POLICE TAMIL NADU [REFERRED TO]
STATE OF M P VS. RAMESH [REFERRED TO]
PROMODE DEY VS. STATE OF WEST BENGAL [REFERRED TO]
SATHYA NARAYANAN VS. STATE REP. BY INSPECTOR OF POLICE [REFERRED TO]
SHANKAR KISANRAO KHADE VS. STATE OF MAHARASHTRA [REFERRED TO]
JUDGEMENT
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(1.)THE instant criminal appeal has been preferred challenging the judgment dated 27.07.2010 and order dated 28.07.2010 in S.T. No. 682 of 2007 whereby the appellant Ram Singh was convicted for the offence under Section -304 IPC and was sentenced to undergo rigorous imprisonment for a period of 10 years and also with fine of Rs. 5,000/ - with default stipulation of six months simple imprisonment.
(2.)PRESENT appellant Ram Singh happens to be the husband of the deceased. As per prosecution story, the deceased Sangeeta was married with the present appellant about 12 years ago. Appellant was a man of bad habits. On 01.05.2007 the appellant caused her injuries due to which she was seriously injured. Son of the complainant runs a shop of meat in the vicinity. He went to her house and admitted his sister in Trauma Center, Medical College. During treatment she succumbed to the injuries on 02.05.2007. First Information Report of this case was lodged by the father of the deceased after post -mortem and funeral of the deceased. The complainant Sriram got the first information report scribed by Sanjeev Kumar and submitted the same on 02.05.2007 at 22:30 hours. On the basis of this information Case Crime No. 146 of 2007 was registered under Section -304 IPC. The police inspected the place of occurrence and after completing the investigation charge -sheet was filed against the present appellant.
(3.)POST -mortem of the body of the deceased Sangeeta took place on 02.05.2007 at 2:30 pm. As per her post -mortem report Ex. -Ka -3 following injuries were found on her person: -
(I) Abrasion 2 x 2 c.m. present over right side knee.
(II) Abrasion 3 x 2 c.m. present on left elbow.
(III) Lacerated wound present on occipital region on left side vertically placed 10 stitches.
(IV) Lacerated wound present on the forehead on right side just above right eyebrow vertically placed 05 stitches over there.
(V) Memberanes were congested and blood clotting in the brain was present.
Case of appellant was that he was not present in the village. He had gone to Lucknow to earn his livelihood and the deceased received injuries by fall from stairs of the house.
(2.)PRESENT appellant Ram Singh happens to be the husband of the deceased. As per prosecution story, the deceased Sangeeta was married with the present appellant about 12 years ago. Appellant was a man of bad habits. On 01.05.2007 the appellant caused her injuries due to which she was seriously injured. Son of the complainant runs a shop of meat in the vicinity. He went to her house and admitted his sister in Trauma Center, Medical College. During treatment she succumbed to the injuries on 02.05.2007. First Information Report of this case was lodged by the father of the deceased after post -mortem and funeral of the deceased. The complainant Sriram got the first information report scribed by Sanjeev Kumar and submitted the same on 02.05.2007 at 22:30 hours. On the basis of this information Case Crime No. 146 of 2007 was registered under Section -304 IPC. The police inspected the place of occurrence and after completing the investigation charge -sheet was filed against the present appellant.
(3.)POST -mortem of the body of the deceased Sangeeta took place on 02.05.2007 at 2:30 pm. As per her post -mortem report Ex. -Ka -3 following injuries were found on her person: -
(I) Abrasion 2 x 2 c.m. present over right side knee.
(II) Abrasion 3 x 2 c.m. present on left elbow.
(III) Lacerated wound present on occipital region on left side vertically placed 10 stitches.
(IV) Lacerated wound present on the forehead on right side just above right eyebrow vertically placed 05 stitches over there.
(V) Memberanes were congested and blood clotting in the brain was present.
Case of appellant was that he was not present in the village. He had gone to Lucknow to earn his livelihood and the deceased received injuries by fall from stairs of the house.
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