DEEN DAYAL Vs. STATE OF U.P.

JUDGEMENT

(1.) This is an appeal against the judgment and order of the trial court dated 23/25.08.2003 passed by the Sessions Judge, Jalaun at Orai in Sessions Trial No. 67 of 2002 (State v. Deen Dayal and others) under Section 302 IPC, Police Station- Kotwali Orai, District- Jalaun whereby the appellants Deen Dayal @ Pappu, Lalaram and Smt. Bhaggo have been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life.

(2.) It is to be noted that the appeal of appellant no. 2-Lalaram has already been dismissed as abated by order dated 27.09.2019 since he has died on 29.01.2019. Therefore, we now proceed to decide the appeal of only appellants no.1 and 3, namely, Deen Dayal @ Pappu and Smt. Bhaggo.

(3.) Briefly stated the facts of the case are that a written report Ext.Ka.2 was filed with the Thana Orai, District Jalaun by the informant Sant Ram, P.W.-1 stating therein that his sister Saroj was married about 14 years ago to one Deen Dayal @ Pappu S/o Lala Ram R/o Mohalla Ganeshjganj, District Orai but soon after the marriage her father-in-law Lala Ram, mother-in-law Bhagoo, husband Deen Dayal @ Pappu and two brothers-in-law (devar), namely, Bade and Chote started to torture and beat his sister Saroj for demand of dowry and because of this torture there were also some litigation between Saroj and her husband. About three months prior to the date of the incident, the husband of Saroj, accused Deen Dayal @ Pappu along with his family members came to the village of the informant Dhagua Kala and took Saroj back with the assurance that they will not torture her in future. The informant and others believing the in-laws of Saroj sent her back to her matrimonial house. It is also stated that 2-3 days prior to Makarsankranti the informant had gone to the matrimonial house of her sister to take her to his own house but her in-laws flatly refused. It is further alleged that he was informed by Saroj that her in-laws were torturing her and were planning to commit her murder and they were planning to get her husband married somewhere else. She also requested her brother to rid her from this hell. She also informed that she is not being given food by her in-laws. On 16.01.2002 the informant received information from a relative informing that Saroj was burnt and in a serious condition and was admitted in a Government hospital. Hearing this, the informant and others rushed to the Government hospital Orai where they found Saroj with serious burn injuries. Saroj informed her brother, the informant that same morning at about 6:00 am her two brothers-in-law Chotey and Bade, father-in-law Lalaram and mother-in-law Bhaggo had poured kerosene oil on her and set fire to her. The informant thereafter, continued to look after the treatment of his sister but on 17.01.2002 at 3:00 am the condition of Saroj deteriorated and she died in the hospital. It is further stated that after the panchayatnama and postmortem was conducted, the funeral was carried out. Since police was not registering the F.I.R the informant had to submit a written report to the Superintendent of Police, Orai. On the basis of the written report the First Information Report was registered by the police on 18.01.2002 at 11:30.