MAHARAJ SINGH Vs. STATE OF U P

JUDGEMENT

(1.) K. Narayan, J. 4 persons, namely Nathoo Singh, Smt. Lado, Maharaj Singh and Kaloo were tried on the charges for offences under Section 302/34,201 and 498-A I. P. C. by the 1st Additional Session Judge, Etah in S. T No. 361 of 1986 and S. T No. 203 of 1987. By the judgment and order dated 24. 2. 1988 accused Mahraj Singh was found guilty and convicted of jhe offence under Sections 302,201 and 498 LEG and sentenced to imprison ment for life, R. I. for 5 years and for 3 years respectively. The other accused were acquitted. Aggrieved by the conviction and sentence, Maharaj Singh has come up in appeal before this court.

(2.) IT may be mentioned that Kalloo is a brother of Maharaj Singh and Nathoo and Smt. Lado 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, in Bidai commonly known as gaona.

(3.) THE prosecution has examined (PW l) Ram Singh the father of Smt. Charan Devi (PW 2) Bankey Lal (PW 3) Siya Rama. Arya (PW 4) Hakim Singh and (PW 5) Smt. Mahadevi. PW 1 Ram Singh and PW 2 Smt. Mahadevi are the father and mother of Smt. Charan Devi. THEy had stated about the motive of the crime. Although motive is not a material part, in any case it has some relevancy. Before proceeding with the evidence in this behalf we shall make it clear that whether the motive was made out or not or was sufficient or not would not obtain for appreciation of other evidence which we are going to deal with below. Since that evidence was led it seems worth while to record the observation by this court in respect thereof. THE alleged motive being in the nature of demand of dowry it will also be worth while to mention that the alleged occurrence has been of March, April, 1986 when Section 304-B had not been put on the stature books.