NANHEY LAL Vs. STATE OF U P

JUDGEMENT

(1.) A curious question has been fostered very compassionately by learned Counsel for the applicants in this case. The question is that can the defence side be blunted at a premature stage of its defence taken during the investigation stage by the investigating agency.

(2.) Few facts are necessary to remove the incongruity in the submission. In this case at the stage of investigation, Under Sections 498-A, 304-B, I.P.C. the defence has come outwith the plea that Javitri Devi is wife of Lal Bahadur though shrewdly by implication. This was not said directly. The case of the prosecution as set up in the First Information Report was that Nanhi Devi @ Oma Devi was married to accused Lai Bahadur s/o Tej Narain Gangwar on 14.3.1996. the invitation card submitted by the accused-applicants in their defence before the Investigating Officer gave out the name of the wife of the said Lal Bahadur as Javitri Devi. The date of marriage disclosed is 6.4.1994. The attempt gradually was to take away the case from the purview of the Section 304, I.P.C. because the death ought to be within seven years from the date of marriage. During the investigation it was worked out that this Lai Bahadur has a brother known as Mahendra Kumar and his wife was known as Javitri Devi though in the voter list both Javitri Devi and Nanhi Devi were known as Geeta Devi and Savitri Devi. This clearly indicates that the names of two women were changed before their names occurred in the voter list.

(3.) In our society this is quite frequently happening if any person is there in the family of the same name and enjoying a better status then the name of new incumbent is always changed. The statement of Javitri Devi was recorded by the Investigating Officer and she disclosed herself to be the wife of Mahendra Kumar, brother of accused Lal Bahadur. Thus there remains no dispute that Nanhi Devi @ Oma Devi was wife of Lal Bahadur. She was given a new name in her in-law's house i.e. Savitri Devi. The correct name as available from the invitation card filed by the informant and the statement of the printer of the card the name of wife of Lal Bahadur originally was Nanhi Devi @ Oma Devi. These are the circumstances in which the contention is to be determined.