VIRENDRA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment rendered by a Division Bench of the Allahabad High Court allowing the appeal filed by the appellant in part by setting aside his conviction for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the IPC) and instead convicting him for offence punishable under Section 306 IPC. He was sentenced to undergo imprisonment for ten years. Appellant and another accused, namely, Jai Narain faced trial for alleged commission of offence punishable under Section 302 IPC. During pendency of the appeal before the High Court aforesaid Jai Narain died and, therefore, the appeal stood abated so far as he is concerned.

(3.) Background facts in a nutshell are as follows: The informant Sheo Karan (PW-1)s niece Smt. Pushpa (hereinafter referred to as deceased) was married to the appellant Virendra Kumar, son of Jai Narain in village Chirli, Police Station Ghatampur. Immediately after the marriage Virendra Kumar, his brother Suresh Kumar used to humiliate Smt. Pushpa and her other family members for bringing inadequate dowry and for being of a dark complexion. They even publicly abused the informant in village Chirli and threatened to end their relations with Smt. Pushpa, the deceased. This public humiliation was witnessed by Sahdev Singh (PW-3) and Prahlad Singh (PW-5, residents of Rajepur and Suresh, Bhanu Pratap Dixit (PW-4) and many others of village Chirli. About one and a half months prior to the fateful event Anil Kumar brought Smt. Pushpa to her Sasural in village Chirli. On 7.10.1982 at about 7 A.M. on information being sent by Bhanu Pratap Dixit (PW-4, the informant Sheo Karan (PW-2) reached village Chirli where he found the dead body of Smt. Pushpa. Four fingers of her right hand were burnt and on her hands and legs there were some marks of injuries. There was also a deep mark of hanging on the neck which showed that Smt. Pushpa had been beaten and thereafter done to death. Although the appellant Virendra Kumar was present in the village, from the morning of the fateful day (7.10.1982) he was absent. Hence it was inferred by the informant that appellant in conspiracy with his elder brother Suresh had murdered Smt. Pushpa after taking help of some accomplices. The report to this effect was lodged by Sheo Karan Shukla on 7.10.1982 at police out-post Sarh, police station Ghatampur, District Kanpur.