SURYA PRASAD Vs. STATE OF U.P.

JUDGEMENT

(1.) These appeals have arisen out of the same judgment, hence with the consent of the parties, these appeals are being decided together.

(2.) Both the appeals have been filed against the judgment and order dated 27.11.2004 passed by Additional Sessions Judge, Court No. 4, Sitapur in S.T.No.746 of 1998, Case Crime No. 81 of 1998 under sections 302/306 I.P.C., Police Talgaon, District Sitapur by which the both the appellants have been convicted under section 302 read with 34 I.P.C. and have been directed to undergo imprisonment for life and a fine of Rs. 5000/-, in default of the payment of fine, the appellants have been directed to undergo additional imprisonment for one year.

(3.) Prosecution story, in brief, is that the first information was lodged at Police Station Talgaon, District Sitapur on 21.5.1998 at about 2.40 P.M. by Sri Jai Chandra alleging that he is resident of Village Rewasiva hemlet of Kuturi Kalan, Police Station Baddupur, District Barabanki. His daughter Kiran Devi, aged about 30 years, was married to Ashok Kumar son of Surya Prasad, resident of Village Pakhaniyapur, P.S. Talgaon, District Sitapur in the year 1989. The relations between husband and wife remained sweet for some time but after that some dispute arose. When he came to know , he and both of brother-in-laws came and pacified the matter. From that date, Ashok Kumar and Surya Prasad were not on talking term with his brother-in-laws. Three daughters were born out of their wedlock, one day his daughter Kiran was not feeling well and she asked her husband to bring some medicines, then he abused her and asked her to leave for his parental house. On this Kiran along with her youngest daughter went to her parental house. After 8 days, Ashok Kumar came to his house and asked to call Pradhan of the village and four- five persons also, so that the matter may be finished because he wants to re-marry. After saying this he went away. Four days after that he sent his remaining two daughters and from the bus stop he asked the daughters to bring the keys. His son went along with keys and asked Ashok Kumar to come to their home, but he did not pay heed and went back. After this Rakesh Kumar brother-in-law of Ashok Kumar came to his house to take Kiran to her matrimonial house then he refused to send and stated that either Ashok Kumar or his father may come, only then Bidai will take place. On his repeated request Kiran Devi was sent along with two daughters. One daughter remained there at his house. On 20.5.1998 his son Santosh Kumar went to village Pakhniyapur at about 7.15 p.m. alongwith Kiran's daughter, then he was informed that your sister has committed suicide. After seeing the dead body he informed him by telephone from Biswan. He reached there in the morning of 21.5.1998 and after seeing the dead body, came to conclusion that his daughter has committed suicide being fed up with harassment of Ashok Kumar and his father. On this first information report a case under section 302/306 IPC was registered. After investigation, charge sheet under section 302/201 I.P.C. was submitted. After committal of the case charge under section 302 read with 34 IPC and an alternative charge under section 306 IPC was framed. Accused persons denied their involvement and claimed to be tried.