MADHU GOSHWAMI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Piyush Kumar Shukla, learned counsel for the appellants and learned AGA for the State. The judgment was ordered to be pronounced on 9.4.2021 but as Courts were closed, we direted matter to be listed on 16.4.2021, but the surge of Covid cases may force Courts to be closed on 16.4.2021, hence, we pronounce judgment today, i.e., 13.4.2021.

(2.) This appeal has arisen from the judgement and order dated 2.11.2012 passed by learned Additional Sessions Judge, Jhanshi in Sessions Case No.72 of 2010 in State of U.P. v. Jai Prakash Goswami and another (Case Crime No.1498/09) under Section 302 and 504 I.P.C lodged in Police Station Sipri Bazar, District Jhansi. The learned Sessions Judge convicted both the accused for life imprisonment under Section 302 read with section 34 of Indian Penal Code with fine of Rs.5,000/- and in default for one year simple imprisonment.

(3.) The factual scenario as it unfurls from the record and the F.I.R are that the accused in unison caused death of the deceased on 2.9.2009 in the morning. The genesis of the offence as narrated in the first information report is that the deceased along with his wife and daughter was going to Temple, his wife Kastoori and sister of the complainant Radha Rai also were following him. It is mentioned in the first information that Radha Rai who was married with one Daya Chand Rai. Daya Chand Rai had deserted his sister and had performed another marriage for which maintenacne petition was also pending in the Court at Jhansi. Unfortunatley, Madhu Goshwami and her husband is known to Daya Chand and it was because that the parties are unable to amicably settle the dispute with Madhu Goswami and her husband Jai Prakash and his wife started abusing the deceased and during the ultercation Jai Prakash brought what can be said to be to iron rodes (known as ''Sabbal') and after further abusing both husband and wife started assaulting the father and when neighbours entering, both husband and wife ran towards Rasbahar Colony and when the complainant reached the place of the offence, his father was lying injured and he conveyed to the complainant that Madhu Goswami and her husband Jai Prakash Goshwami had beating with Sabbal. The Complainant tried to arrange for vehicle to take him to hospital, but he succumbed to the injures. The Complainant lodged the complaint with the Police Station Incharge. It is this F.I.R. which gave rise to the investigation being carried out against both the accused.