STATE OF UTTAR PRADESH Vs. HARI MOHAN

JUDGEMENT

(1.) Roop Devi, daughter of Bhagwan Sahai (P. W. 1) was married to Shyam Mohan, respondent No. 2 herein on 6-6-1973. Respondent No. 1 Hari Mohan is the elder brother of respondent No. 2. The other respondents are the relations/friends of Shyam Mohan.

(2.) After receiving the letter on 18-3-1977 which is stated to have been written by Roop Devi, Bhagwan Sahai (P.W. 1) her father, came to village Kurria Kalan on 19-3-1977 to inquire about his daughter. He was told by respondent No. 1 Hari Mohan that Roop Devi had died due to Cholera on 15-3-1977. Apprehending some foul play P.W. 1 lodged the FIR at police Station Kanth on 20-3-1977 at about 1.30 p.m. On 22-3-1977 the dead body of Roop Devi, bundled in a gunny bag was found floating in a pond in village Sahwapur, away from the house of the accused-respondents. On opening the gunny bag it was found that dead body was tied in a saree and wrapped in a bed sheet. It also bore gun shot injuries. Post mortem was conducted on 23-3-1977 and the doctor opined that the deceased had died due to shock and haemorrhage as result of the ante mortem injuries noticed on her body.

(3.) Upon conclusion of the trial, the learned First Additional Sessions Judge, Shahja-hanpur convicted respondent No. 1 under Section 302/34, IPC and sentenced him to life imprisonment. All other respondents were convicted under Section 201, IPC and sentenced to five years rigorous imprisonment.