TRIBHUWAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Appellants, who are three in number have approached this Court questioning the validity of the judgement and order dated 07.05.1986 convicting accused Tribhuwan Singh under Section 302 IPC read with Section 34 IPC and sentencing him to undergo imprisonment for life, and pay a fine of Rs. 5000/-; convicting accused Smt. Makoi Devi under Section 302 read with Section 34 IPC and sentencing her to undergo imprisonment for life only; accused Chandra Bhawan Singh being convicted under Section 302 read with Section 34 IPC and sentenced to undergo imprisonment for life with a further conviction under Section 201 IPC with a sentence to undergo rigours imprisonment for five years and all these sentence of accused Chandra Bhawan to run concurrently in Session Trial No. 291 of 1984 under Section 302, 302/34, 201 IPC and Section 4 of D.P. Act, Police Station Kishanpur district Fatehpur.

(2.) Prosecution story as has been unfolded by the prosecution is to the effect that Satya Kali was wedded to Tribhuwan Singh in the year 1981 as per customary rights and elder brother of Tribhuwan Singh, namely Chandra Bhawan Singh son of Harpal Singh and Jwala Singh son of Jogeshwar Singh, who is a family member used to make demand of motorcycle as dowry and whenever request was being made for Gauna ceremony at all point of time demand of motorcycle was put up and complainant expressed his inability in the said direction due to his financial constrain before Tribuwan Singh, Chandra Bhawan Singh his brother and other family members and then on 15.03.1984 Thursday Jwala Singh son of Jogeshwar Singh and Chandra Bhawan Singh son of Harpal Singh all of sudden came to the house of girl and on the said date Satyakali was taken to her in laws house and on 18.04.1984 for demand of dowry girl in question has been killed by DBBL gun. After girl in question has been killed information was received by informant through the person sent by the Pradhan of the concerned village and thereafter FIR was lodged giving therein details of the demand of dowry and factum of his sister being killed.

(3.) This much has also come on record that Chandra Bhawan Singh elder brother of the accused Tribhuwan Singh on the date i.e 18.04.1984 when lady in question has died at 4.15 pm a written report has been given by him at Police Station Kishanpur informing that on account of dispute regarding partition, Satyakali w/o Tribhuwan Singh has committed suicide with his licensed gun on that day at about 4pm and her dead body was lying in the court-yard. Chandra Bhawan Singh had also informed that he himself was working in the field and after receiving information he has rushed to the Police Station. After the said information has been furnished requisite entry was made in the GD no. 14, by Sri Ram Niwas Mishra Head Constable and based on the entries so made thereafter Sri K.P.Singh, SO has proceeded to make spot inquiry and at the said point of time he found the dead body of the deceased lying in the court-yard of accused Tribhuwan Singh. Dead body in question was seized and thereafter inquest was got prepared and after inquest proceeding concluded then other paper work was got done such as photo-lash, challan lash, letter to C.M.O and R.I. and body in question after being sealed has been sent for postmortem through constable Aman Ahmad and Amar Nath Patel.