GARIBI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Both these criminal appeals arise out of the common judgment dated 17-1-1992 and order dated 20-1-1992 passed by Sri Brijendra Singh, IInd Addl. Sessions Judge, Allahabad in Sessions Trial No. 505 of 1986, whereby he having held both the appellants guilty of the offence under S. 302, I.P.C. read with S. 34, I.P.C. has sentenced them to undergo Life Imprisonment. Appellant-Durga Prasad has further been held guilty of the offence under S. 201, I.P.C. and sentenced to three years Rigorous Imprisonment. Both the sentences of Durga Prasad have been directed to run concurrently.

(2.) Appellant-Smt. Garibi is the wife of the other appellant-Durga Prasad and admittedly they are in-laws of the deceased-Bindurani, who was married to their son Ghanshyam on 12-5-1981.

(3.) The prosecution case as unfolded in evidence before the trial Court is that on the morning of 12-2-1984 Durga Prasad along with his son had gone to a nearby Jungle to satisfy natural call, and when he was returning to his house therefrom he was informed by one Dujja, his neighbour, that his daughter-in-law had died of burning. Durga Prasad on reaching his house found that his daughter-in-law was lying dead from burns. He came to learn that Smt. Bindurani had gone to toilet situated inside the house with a burning earthen lamp from which she caught fire and got burnt. He also found a number of persons having assembled at his house. It is said that the appellant-Durga Prasad accompanied by Ram Singh and Pancham Lal (D.W. 1) went to P. S. Saini which lies at a distance 8-9 kms. to the west of his village and made over a written report there, on the basis of which an entry was made at Serial No. 10 of the G.D. at 7.30 a.m. by Constable Munni Lal P.W. 5 Sub-Inspector Prem Sagar Shukla who was then posted at Police Station. Saini on being entrusted with the investigation swung into action. He visited the scene of the incident where after appointing panches, he prepared inquest report and after sealing the dead body and completing other formalities in connection therewith, made over the dead body to P.W. 9 Ram Asrey Tiwari and one Maiku, village Chaukidar (not produced) for being taken to mortuary for its autopsy. P.W. 9 Constable Ram Asrey Tiwari in his turn took the dead body to mortuary at Moti Lal Nehru Medical College, Allahabad where on his identification of the dead body, Dr. U. S. Sinha P.W. 4, who was then posted as Professor in Forensic Medicine Department in Moti Lal Nehru Medical College, conducted the autopsy at 1.00 p.m. on 14-2-1984. According to Dr. Sinha, the deceased was an average built short statured female. He found blood coming out through both nostrils, eyes semi-opened and conjuntiva congested. He also noticed the tongue of the deceased protruding out and caught between teeth of upper and lower jaw. The tip of the tongue was burnt and teeth marking were present on it. He further found all scalp hair burnt. According to Dr. Sinha there was 80% burn on the dead body and only a small area in back and buttock were unburnt due to contact with ground. He also noticed that a part of the front lower chest, both thigh and arms were unburnt and the burn was deepest on lower part of abdomen below umblicus, groin and thigh and underlying muscles in the above portion were exposed. He found that the burn present all over the body was superficial. Some ashy dust were found present on the anterior surface of lower abdomen, groin and private part where the body was deeply burnt. On further examination he found the following ante-mortem injuries :- (1) Abrasion situated on the left side of neck on the neck measuring 2 cm. x 1 cm. in diameter. (2) Contusion on the left temporal region of skull measuring 5 cm. x 2 cm. in diameter underlying subcutaneous haemorrhage. (3) Contusion on the fore head in an area of 4 cm. x 2 cm. situated 61/2 cm. above the root of nose with underlying haemorrhage. On internal examination of skull and brain Dr. Sinha found extra cranial haemorrhage and brain congested as well as mild congestion in respiratory track all over and congestion in both lungs. He noticed that the stomach and bladder were empty and both intestines were half full. In his opinion, the cause of death was the result of strangulation. The burn over the dead body, according to him, was post-mortem and the deceased had died two days back.