PREMVATI Vs. STATE OF U.P.

JUDGEMENT

(1.) 1.Since both these appeals arise out of a common judgement, hence these are being disposed of together.

(2.) Under challenge in the aforesaid criminal appeals is the judgment and order dated 19.08.2006 passed by Additional Sessions Judge, Court No.2, Badaun, in Sessions Trial No. 625 of 2005, arising out of Case Crime No.276 of 2005, Police Station Gunnaur, District Badaun, whereby both the appellants namely Smt. Mamta @ Mamuni and Smt. Premvati were convicted for the offence under Section 302 IPC read with Section 34 IPC and were sentenced to undergo imprisonment for life and also with fine of Rs.5,000/- each with default stipulation of four months' simple imprisonment. They were further convicted for the offence under Section 307 IPC read with Section 34 IPC and were sentenced to undergo rigorous imprisonment for a period of 10 years each and also with fine of Rs.5,000/- each with default stipulation of four months' additional simple imprisonment. Both the sentences were directed to run concurrently.

(3.) Abridged facts of this case are that the complainant Satya Narain @ Pappu, who happens to be the husband of Smt. Mamta @ Mamuni (appellant), lodged a first information report on 12.05.2005 at 1930 hours at Police Station Gunnaur, District Badaun, alleging therein that his first wife Vineeta had died about 4-5 years prior to the incident. Out of his wedlock with Vineeta, three children namely Dimpal aged about 11 years, Mohit aged about 9 years and Prince aged about 6 years, were born and they were living with him and his second wife Smt. Mamta @ Mamuni. On 12.05.2005, the complainant, leaving his second wife Smt. Mamta @ Mamuni, who was also having his son aged about five months, and his other three children born from his first wife, went to attend the marriage of the daughter of his cousin Suresh at about 12.00 O' clock in the noon. His father was left in the house. When in the evening at about 05.30 PM when he came back to his house then he saw that his wife Smt. Mamta @ Mamuni was sitting on the floor and after pouring her fingers in the blood she was drawing some figures. There were blood stains on the wall also. Her clothes were also stained with blood and all three children, who were born from Vineeta, were lying on the floor. Prince was lying in verandah and one blood stained 'Daab' was also there in the room. The complainant went near his son Prince and found that he was dead. Dimpal and Mohit were seriously injured. The complainant immediately took Dimpal and Mohit to the Police Station leaving the dead body of his son Prince and his wife Mamta @ Mamuni on the place of occurrence. On the basis of this first information report, the case was registered. Smt. Mamta @ Mamuni (appellant) was taken into custody by the police from the place of occurrence by the Investigating Officer.