GYANO ALIAS GYANWATI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order D/- 31-3-1986 passed by IV Add Sessions Judge, Aligarh, whereby the appellant Smt. Gyano alias Gyanwati and her co-accused Rajvir alias Rajpal were convicted under Section 302, read with Section 34 IPC and each of them were sentenced to imprisonment for life. Both of them were further convicted under Section 210 IPC and each of them were sentenced to undergo three years' rigorous imprisonment. The sentences were directed to run concurrently.

(2.) This appeal has been filed only on behalf of Smt. Gyanwati from jail. No appeal has been filed on behalf of Rajvir alias Rajpal. On an enquiry from the office it has been reported that since date no appeal has been preferred on behalf of Rajvir alias Rajpal in this case. As such, we proceed to hear the appeal preferred by Smt. Gyano alias Gyanwati on merits.

(3.) The facts of the case are that Rajvir alias Rajpal and Mahipal Singh were real brothers being sons of Ram Swarup. Smt. Gyano alias Gyanwati is the wife of Mahipal Singh, deceased. They were the residents of village Kinua police station Chandaus district Aligarh. Both the Brothers and Smt. Gyanwati were living in the same house, in different parts. It was alleged that accused, Rajvir was not married. Some lady was living with him for some time but he had left her. Their house consisted of two rooms common courtyard, Verandah and Kitchen etc, as was shown in the site-plan, Ex. Ka. 8.