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2022 Supreme(UK) 187

SANJAYA KUMAR MISHRA, ALOK KUMAR VERMA
Narendra Arya – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Arun Pratap Singh
For the Respondent: Mr. J.S. Virk, Mr. Rakesh Kumar Joshi, adv

JUDGMENT :

Sri S.K.Mishra, J.

By preferring this appeal, the appellant assails his conviction under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as the Penal Code for brevity) by learned Additional Sessions Judge, Haldwani, District Nainital in Session Trial No. 56 of 2012, as per the judgment dated 31.10.2013. He has been sentenced to undergo imprisonment of life and to pay fine of Rs. 5,000/-, in default, to undergo rigorous imprisonment for six months.

2. The case of the prosecution, in short, is that the appellant happens to be the son-in-law of PW1 Smt. Deepa Devi, the informant. Deepa Devi solemnized the marriage of the appellant with her daughter, namely, Poonam who was about 19 years of age about eight months prior to the occurrence. The appellant was not doing any work and was not earning anything. He was indulged in consumption of intoxicants like liquor, charas etc., and because of such behaviour of the appellant there was always quarrel between the deceased (Poonam) and the appellant. On 01.02.2012, at about 7:00 pm., the appellant came back to their house after six days remaining outside. The deceased asked him why he is not doing any job and loiter

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