RAM KUMAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record. The instant criminal appeal has been preferred by the appellant -Ram Kumar Singh challenging the judgment and order dated 12.8.2005 passed by learned Sessions Judge, Rae Bareli in Sessions Trial No. 62 of 2003, relating to Case Crime No. 98 of 2002, under Ss. 498A and 302, I.P.C., Police Station Deeh, District Rae Bareli, whereby the appellant Ram Kumar Singh and one Anita Singh were convicted for the offence under Sec. 302, I.P.C. and were sentenced to undergo imprisonment for life and also with fine of Rs. 5,000 each with default stipulation of one year additional imprisonment. For the offence under Sec. 498A, I.P.C. both the accused persons were sentenced to undergo rigorous imprisonment for a period of two years each and also with fine of Rs. 500 with default stipulation of three months' additional imprisonment.

(2.) Convict Anita Singh had filed a separate Criminal Appeal Bearing No. 1140 of 2005 but during pendency of the said appeal Anita Singh expired, hence her appeal was abated vide order dated 12.5.2015.

(3.) According to the prosecution case, the complainant Virendra Bahadur Singh had solemnized marriage of his sister Vijay Laxmi alias Pinki (deceased) aged about 24 years in the year 1992 with the appellant Ram Kumar Singh. After the marriage, the behaviour of Ram Kumar Singh and Smt. Anita Singh was very bad with the deceased and they used to beat her and treat her with cruelty and also used to threaten her with dire consequences. On 16.6.2002 the appellant Ram Kumar Singh had gone to the parental house of the deceased to attend a marriage ceremony. Even in her parental village the appellant had beaten her and threatened her with dire consequences. Reason for said behaviour was that the deceased was issueless. On 5.7.2002 in the morning at about 7.30 a.m. the younger brother of the appellant, viz., Shiv Ram gave an information on telephone to the complainant that Vijay Laxmi has died because she had consumed poison. On this information the complainant went to the matrimonial home of the deceased and found the dead body of his sister lying in verandah in the house of the appellant. Thereafter the complainant lodged an F.I.R. at the police station Deeh which was registered at 15:50 hours. The distance from the police station to the place of occurrence was 7 kilometers.