USHA RANI Vs. STATE

JUDGEMENT

(1.) These two appeals have been filed by the same Appellant, Usha Rani. Criminal Appeal No. 1057 of 2017 is directed against the impugned judgment dated 30th March 2013 passed by the learned Additional Sessions Judge (ASJ), West District, Tis Hazari Courts, Delhi in Sessions Case No.25/10/08 arising out of FIR No.147/2004 registered at Police Station ('PS') New Delhi Railway Station ('NDRS') convicting the Appellant (who was Accused No. 2: A-2) for the offence punishable under Section 302 / 34 Indian Penal Code (' IPC ') and 201/34 IPC for committing the murder of two children, both brothers, Chillu and Ashu, and also dumping their dead bodies. The appeal is also against the order on sentence dated 28th May 2013 whereby for the offence punishable under Section 302 / 34 IPC, she was sentenced to undergo imprisonment for life with the further direction that the convict should not be released from the prison for the rest of her life and with a fine of Rs. 20,000; and for the offence under Section 201 / 34 IPC, with rigorous imprisonment for five years with fine of Rs.5,000 and in default, to undergo RI for three months.

(2.) Criminal Appeal No. 1058 of 2017 is directed against the impugned judgment dated 30th March 2013 passed by the same learned ASJ in Sessions Case No.33/10/2008 arising out of FIR No.234/2004 registered at PS Kashmere Gate convicting the Appellant for the offences punishable under Section 364 / 34 , 302 / 34 and 201 / 34 IPC for committing the murder of Waziro Bai (mother of Chillu and Ashu) and thereafter dumping the dead body in order to conceal the murder. The appeal is also directed against the order on sentence dated 28th May 2013 whereby the Appellant was sentenced to undergo imprisonment for life with the further direction that the convict should not be released from the prison for the rest of her life along with fine of Rs. 20,000 for the offence under Section 302 / 34 IPC; RI for ten years along with fine of Rs. 8,000 and, in default, to undergo RI for five months for the offence under Section 364 / 34 IPC; and to undergo RI for five years with fine of Rs. 5,000 and, in default, to undergo RI for three months Background

(3.) The background to the present case is that at the instance of PW-22, the daughter of the deceased Waziro, FIR No.550/2004 was registered at PS Pahar Ganj in which both the present Appellant and the co-accused Kanhaiya Lal Seth (A-1) were named as accused. This was a case under Section 376 IPC. In the trial arising out of the said FIR, both the present Appellant and A-1 (Kanhaiya Lal Seth) were convicted by the Court and sentenced on 23rd October 2007 and 24th October 2007 respectively. As noted by the learned trial Court in its impugned judgment in the present case, the appeal filed against the said order of conviction and sentence was withdrawn and therefore, the conviction of the Appellant and A-1 in the said case attained finality.