MAHRAJ SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) 4 persons, namely, Nathoo Singh, Smt. Dado, Mahraj Singh and Kaloo were tried on the charges for offences under section 302/34,201 and 498 A IPC by the I Additional Sessions Judge, Etah in St No. 361 of 1986and St No. 203 of1987. By the judgment and order dated 24-2-1988 accused- Mahraj Singh was found guilty and convicted of the offence under section 302, 201 and 498 IPC and sentenced to imprisonment for life, RI for 5 years and for 3 years respectively. The other accused were acquitted. Aggrieved by the conviction and sentence, Mahmj Singh has come up in appeal before this Court.

(2.) It may be mentioned that Kalloo is a brother of Mahraj Singh and Nathoo and Smt. Dado are their parents. The charges related to the alleged death of Smt. Charan Devi some where between Holi and 12-4-1986. Smt. Charan Devi was married to Sri Mahraj Singh some where in 1983 and went to her Sasural some six months before the alleged death of Smt. Charan Devi, for the first time, Bidai commonly known as Gaona.

(3.) The case of the prosecution has been that when Sri Ram Singh father of Charan Devi went to the house of Mahraj Singh and Nathoo on 12- 4-1986 just to see his daughter, he was told that both Mahraj Singh and Smt. Charan Devi had gone to some relations. He was also told by Shiva Ram, Hakim Singh and Bankey Lal residents of the same village that they had heard some shrieks of Smt. Charan Devi when she was taken by Nathoo, Smt. Dado, Mahraj Singh and Kalloo towards the canal and ever since they had not seen Smt. Charan Devi. A first information report with the above facts and also a fact that when Ram Singh questioned Nathoo and others about the incident of Shrieks, he was not given any satisfactory reply and was also threatened that he should leave the place immediately otherwise he shall also be put to the same fate. The FIR to this effect was lodged on 16-4-1986 at 4.30 p.m. at the police station Mirehchi, District Etah.