MANOJ KUMAR Vs. STATE OF U. P.

JUDGEMENT

(1.) This Criminal Appeal has been filed by the accused appellant Manoj Kumar challenging his conviction and sentences vide judgement and order dtd. 25/4/2006 under Sec. 302 read with Sec. 201 I.P.C. in Session Trial No. 122 of 2001 whereby he has been sentenced to life imprisonment and a fine of Rs.50,000.00.

(2.) It transpires that the mother of the deceased Smt. Ganga Devi, who is the first informant (P.W. 1) gave a written report on 18/1/2000 alleging therein that her daughter Pushpa Devi aged about 25 years was married about six years back to the accused appellant and she had spent Rs.50,000.00 towards dowry and marriage expenses. The accused appellant and his family members apparently were not happy with the dowry and used to torture the deceased for demand of more dowry. She was not provided with food, cloths and harassed in different ways. The deceased complained to her mother about the demand of dowry and the accused appellant and his family members were counselled and requested not to do so. However, they did not agree to such request and used to beat her and would often throw her out of the house. On 11/12/1996 the father of the accused appellant and other family members forced the deceased out of the house whereafter a complaint was made and later a compromise was arrived at. However, the deceased was again harassed. The accused appellant allegedly developed relations with another lady and had also solemnized marriage but on being confronted with such accusation, the accused appellant denied having contracted a second marriage. About four months prior to the date of the said incident the accused appellant took the deceased to his house on an assurance that he would keep the deceased happily. The first informant with an intention to ascertain well being of her daughter visited the in-laws place of the deceased about 14 days back and was informed by the family members that the accused appellant had taken her to Pilibhit. The first informant, however, did not find the deceased even at Pilibhit. Despite best endeavours, the deceased could not be traced. The first informant, therefore, made the report stating that the accused appellant along with his family members have kidnapped the deceased and killed her. On such a written report dtd. 18/1/2000 an FIR was registered as Case Crime No. 92 of 2000 under Sec. 364 I.P.C. on 3/2/2000 at 12.40 P.M.

(3.) Despite best efforts, the deceased could not be located. It appears that a letter dtd. 26/2/2000 was received in the office of the Superintendent of Police on 1/3/2000 intimating that the accused appellant has killed his wife and her dead body has been dumped beneath a culvert near a Foam Factory. This letter is not a part of the record and has not been proved. Investigation however, proceeded on the basis of the letter sent by unknown person and from the place specified in the letter, a recovery has been made by the investigating officer. The recovery included a saree and other woman garments, a pant & shirt, chadar and five bones. The recovery memo thus prepared is marked as Ex. Ka.2. The first informant and her family members were also asked to come and inspect the recovery. The first informant and her family members identified the cloths, hairs and the bones belonging to the deceased. After recovery of bones and clothes the case was converted into Sec. 302 read with Sec. 201 I.P.C. It was also noticed that in the interregnum period Sec. 304B I.P.C. was also added but later on this Sec. was dropped while submitting the charge-sheet. During investigation, a Tape Recorder has also been recovered, which is marked as Ex.Ka.15, as per which the accused appellant had admitted his guilt with regard to commissioning of the offence. The investigating officer also collected blood stained earth and plain earth from the official quarter of the accused appellant. Five bones recovered after 1/3/2000 were presented for post-mortem examination. The Doctor observed as under : "Total (5) bones presented for P.M. Examination.