VEERPAL AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal appeal has been filed against the judgement and order dated 08.9.2015 passed by the learned Additional Sessions Judge, Mathura in Sessions Trial No. 294 of 2013, arising out of case crime No. 1144 of 2011 under Sections 302 read with Section 34 IPC, police station Vrindavan, district Mathura whereby the learned Judge has convicted and sentenced the appellants to life imprisonment under Section 302/34 IPC and a fine of Rs. 10,000/- each and in case of default in payment thereof, the appellants were further directed to undergo six months' additional imprisonment.

(2.) The facts as unfolded by the prosecution in short compass are that a written report was handed over by the first informant Bangali Babu, son of Shri Murli Singh, resident of village Jhorian Ka Pura, police station Pinahat, district Agra on 20.12.2011 at the police station Kotwali Vrindavan, district Mathura that on 20.12.2011 (today) at about 2.30 PM he received an information from his grand-daughter (Natni) Radha that her mother has been burnt. At that time, he was in the school and after arranging vehicle, he came to Vrindavan and talked to her daughter in the hospital. At that time S.D.M. was recording her statement. The report further indicates that when he requested the SDM to provide him a copy of the statement, he directed him to obtain the same from the Court of Chief Judicial Magistrate, Mathura. The SDM has also directed him to go to the police station Kotwali and lodge the report. His daughter has told him that "her father-in-law Veerpal, son of Babu Ram and mother-in-law Smt Maya, wife of Veerpal have demanded money from her by saying that your father had given money to you. On her refusal to give money, they indulged in Marpeet with her and by sprinkling kerosene over her, threw a burning matchstick and burnt her. Mahesh, son of Veerpal is also involved in this conspiracy." The report also indicates that Smt. Mithlesh is badly burnt and is admitted in Lakshmi Life Line Hospital, Vrindavan.

(3.) On the basis of the aforesaid report, which was scribed by Udai Bhan Singh, son of Layak Singh, village Pura Jhorian, police station Pinahat, district Agra (Ext. Ka-1), a case was registered against Veer Pal, Smt. Maya, wife of Veer Pal and Mahesh on 20.12.2011 at 11.30 PM as Case Crime No. 1144 of 2011, under Section 326 IPC, police station Vrindavan, district Mathura (Ext. Ka-4).