NANHI DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) At the outset, it may be noted that this appeal has been argued only on behalf of appellant no. 2 Lalta Prasad son of Tara Chand as appellant no. 1 Nanhi Devi has been granted remission by the State Government and no one appears on her behalf to argue the appeal.

(2.) This appeal is directed against the judgment and order dtd. 19/7/2005 passed by the Additional Sessions Judge, Court No. 3, District Pilibhit in the Sessions Trial No. 537 of 2001, wherein two accused persons namely Nanhi Devi and Lalta Prasad were convicted of the offence under Sec. 302 readwith Sec. 34 IPC and sentenced for life imprisonment with fine of Rs.10,000.00 each, as also under Sec. 201 IPC for rigorous imprisonment of one year with fine of Rs.1000.00 each. The default punishment was three months additional simple imprisonment for each accused. All the punishments are to run concurrently.

(3.) According to the prosecution story, a report in writing was submitted by the Gram Pradhan, Village Karnapur, on 31/7/2001 at about 9:30 AM, that a resident of the said village namely Taule Ram son of Totaram had committed suicide by tying a knot in his neck and postmortem of his body be conducted to make further enquiry. The said report marked as Exhibit Ka-1 had been proved by PW-1, Gram Pradhan being in his handwriting and signature. Another report was entered in the Case Diary by the Investigating Officer, the Sub-Inspector posted in Thana Barkhera, District Pilibhit, which was allegedly received by him at the spot of the crime during the course of investigation. This report had been proved to be given by PW-2 Natthu Lal son of Lalaram and is marked as Exhibit Ka-2 bearing signature of the said witness. PW-2 stated that the said report was written by the Gram Pradhan on his dictation and after writing the same the report was read over to him and then he put his signature. As per the said report, deceased Taule Ram son of Totaram was cousin of the first informant Natthu Lal (PW-2). Nanhi Devi wife of Taule Ram was having illicit relationship with Lalta Prasad son of Tara Chand resident of the same village who used to frequently visit the house of Taule Ram. On account of their relationship, Lalta Prasad and Nanhi Devi had killed Taule Ram in the intervening night of 30/31/7/2001 by strangulation and his body was then hanged on the roof in the Khaprail by a rope. All the facts narrated therein were disclosed by Roop Lal son of deceased Taule Ram to the first informant Natthu Lal (PW-2) and his family members.