LAWS(ALL)-2023-5-71

GUDDU VERMA Vs. STATE OF U.P.

Decided On May 29, 2023
Guddu Verma Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) This criminal appeal is directed against the impugned judgment dtd. 14/4/2016 passed by Additional Sessions Judge, Court No.1, Maharajganj in Sessions Trial No. 26 of 1998 (State Vs. Guddu Verma), arising out of Case Crime No. 112 of 1998, under Ss. 302/34, 201 I.P.C., Police Station Paniyara, District Maharajganj, whereby accused-appellant Guddu Verma has been convicted of offence under Sec. 302/34 I.P.C. and has been sentenced to rigorous life imprisonment alongwith Rs.20,000.00 fine for commissioning of offence under Sec. 302/34 I.P.C.; in default of payment in fine to further undergo one year additional imprisonment and three years rigorous imprisonment along with fine of Rs.3000.00, under Sec. 201 I.P.C.; in default of payment in fine to further undergo three months additional imprisonment.

(2.) Brief facts of the case are that on 13/4/1998 complainant/P.W.1, namely, Janardan son of Adhare, resident of Village Barvafahim, P.S. Kotwali, District Maharajganj had filed a written report alleging therein that he solemnized the marriage of his daughter Sangita with the accused-appellant Guddu son of Kedar about seven years ago, his daughter committed suicide tonight by hanging herself. It is further alleged that there was no fault of her in-laws in suicide of his daughter. He was informing to take necessary action. He also requested to give him the dead body of his daughter for the last rites. On the aforesaid written complaint of the complainant, a case was registered being Case Crime No. 112 of 1998, under Ss. 302, 201 I.P.C., Police Station Paniyara, District Maharajganj.

(3.) When the Investigating Officer collected the evidence during investigation, it came to light from the evidence of the witnesses that the accused Mrs. Partapi and Guddu Verma falsely making allegation of Sangeeta's character,grabbed her face and got her back side head hit to the wall forcefully due to which she sustained injuries and died on the spot. To hide the crime both the accused tied her neck with rope and hanged the dead body on a bamboo stick near the ceiling so that the onlookers might be considered the said crime of murder as suicide.