Point of Law: Section 65-B(4) of Indian Evidence Act is as admissibility of electronic records.

JUDGMENT :

Umesh Chandra Sharma, J.

1. This appeal has been preferred by the convicted accused Rishi Talwar against the conviction and sentencing order dated 11.10.2017 in ST No.238 of 2014 (State of UP Vs. Rishi Talwar), under Section 302 IPC, Crime No.211 of 2014 and ST No.239 of 2014 (State of UP Vs. Rishi Talwar), under Section 25/27-A Arms Act, Crime No.212 of 2014 by which the appellant was convicted and sentenced under Section 302 IPC for life imprisonment and a fine of Rs.50,000/-and in case of non-payment of fine to undergo three months’ additional imprisonment and also conviction and sentence under Section 27 of the Arms Act, 1959 for five years rigorous imprisonment and a fine of Rs.10,000/- and in case of non-payment of fine to undergo one month’s additional imprisonment. It was also directed that both the sentences shall run concurrently.

2. In brief, facts of the case are that informant Manohar Lal Suri resident of Narula Navi Mumbai, father of the deceased, Shweta and father-in-law of the accused, lodged an FIR on 30.04.2014 stating that the marriage of his daughter Shweta was solemnized as per social rituals and customs on 27.11.2003 with the accused Rishi Talwar son of Deepak Talwar resident of Mission Compound Sarva Nagar, Jhansi. After a few days of the marriage, Rishi Talwar started beating the informant's daughter. His daughter used to convey to the informant about beating and abuses by the accused over the phone. After the marriage the accused neither allowed the informant's daughter to meet the informant nor was she allowed to go anywhere in her kinship. He used to threaten her for divorce and used to demand money and said that she should take divorce otherwise he would kill her.

3. On 28.04.2014 at about 08:00 O’clock his daughter informed him over the telephone that Rishi had beaten her that day and had been doing so for 3-4 days. Again at about 11-12 O'clock she made a call where she said that Rishi was still beating her and she said that papa take away her and her children from here otherwise Rishi would kill them. On this, he told his daughter that he would come in the morning.

4. On 29.04.2014 at around 04:45 a.m. the accused’s mother Smt. Asha Talwar made a missed call on the informant's mobile no.9821154419. When the informant called back, the phone was switched off. After that at around 11 O'clock, Smt. Charu Suri, daughter-in-law of the informant, also (who is accused's sister) called and informed that Rishi Talwar had shot and killed Shweta. The informant immediately informed Jhansi Police and his relative Kamal Raj at around 01:00 O'clock and requested that no action should be taken till he and his family reached Jhansi. He himself would take legal action after seeing the condition of his daughter. Accused's mother Smt. Asha and sister Charu Suri are also involved in the murder.

5. On the night of 30.04.2014 at about 01:00 a.m. the informant with his wife Smt. Shakti Suri, son-in-law Umesh Vishnu Shirke and daughter Monika Umesh Shirke reached the house of the daughter Shweta and saw that her dead body lying in the bathroom, whom Rishi Talwar had killed by a gun shot. The informant requested to take legal recourse.

6. On the basis of above tahrira case at Crime No.211 of 2014, under Sections 302, 120-B IPC was registered on 30.04.2014 at 02:00 p.m. at Police Station Sipri Bazar, District Jhansi against Rishi Talwar, Asha Talwar (mother of the accused) and Charu Suri (sister of the accused).

7. The Investigating Officer started investigation and copied tahrirand chik FIR and recorded statements of the writer, informant and other witnesses and went in search of the accused. On the pointing of informant’s wife he reached at the house of the accused where he was arrested at 07:30 a.m. while he was locking the gate of his house. Upon being asked he identified himself as Rishi Talwar. In personal search a pistol on which MADE IN USA No.405 with OMEY ARMY SUPPLY printed on its barrel, was recovered with two