PHULA BAI Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS appeal by three appellants Phula Bai, Smt. Shanti Devi @ Lala Bai and Har Das, u/s 374(2) of the Cr.P.C. is directed against the impugned judgment of their conviction u/s 363 I.P.C. and imposed sentence of 2 years R.I. therefor, dated 28.3.1985, recorded by VIII Additional Sessions Judge, Ghaziabad, in S.T. No. 307 of 1983, State versus Phula Bai and others, P.S. Kavi Nagar district Ghaziabad.

(2.) SLATED and deposed background incident, as was penned down in the written FIR, Ext. Ka -1/ Chik Ext. Ka -3,divulged during investigation and deposed in the Sessions trial by all the facts witnesses, in nutshell,depicts that a FIR Ext. Ka -1 was lodged by the informant Krishna Kumar Singh P.W.1, father of the victim daughter Sudha Kumari/P.W.2, at police station Kavi Nagar, district Ghaziabad on 26.2.1983 at 8.30p.m.,scribed by Surendra Singh, alleging therein that his daughter P.W.2, aged about 14 years, had eloped somewhere from his house on 26.2.83 at 7.30 p.m. and his wife had also informed him that PW2 had kept her attires and photo previous day in a bundle. His wife had asked her as to why she had prepared the cloth bundle and wife had take out the photo as well but the daughter had not replied to her mother. Informant expressed his suspicion over one Subhash Sharma as suspected culprit, who was working in his office but was dismissed from service by the informant a year ago and who had threatened the informant to settle the scores with him.

(3.) RECORD further reveals that victim Sudha Kumar/PW2 also lodged a FIR Ext. Ka -2 at P.S. Budhera district Tikamgarh, M.P. on 28.2.83,u/s 363/366 I.P.C., which was registered by HM 248 Shyam Sundar Pandey/PW6, who had also investigated that FIR and had recorded statements of victim and witnesses. This crime was registered at GD entry 805 at 6 p.m. Vide Ext. Ka -5.