HARPYARI Vs. STATE OF U P

JUDGEMENT

(1.) Crl. Misc. Application no. 9529 of 2006 has been filed by Smt. Harpyari, her husband Kedari Singh and son Kaptan Singh under section 482 Cr.P.C. for quashing the proceedings of complaint case no.3431 of 2003 ( Nathu Singh Vs. Lakhan Singh and others ) under sections 498-A, 304-B I.P.C. and Dowry Prohibition Act. Crl. Misc. Application no. 10729 of 2006 has been filed by Ganga Singh, Jaiman Singh, Mokham Singh and Gopali for clubbing the above complaint ( Nathu Singh Vs. Lakhan Singh and others) pending in the court of the Chief Judicial Magistrate,Etah with Session Trial no.383 of 2003 ( State Vs. Ganga Singh and others ) under sections 302 and 201 I.P.C. pending in the court of the Addl. District & Session Judge-I, Etah and for staying further proceedings of the above S.T. no. 383 of 2006.

(2.) Since both these cases are connected with each other, I have heard learned counsel for both the parties in the above cases together and now I am deciding them by a common order.

(3.) The facts relevant for disposal of both these application are that on 18..4.2003 at about 9 A.M. Smt. Premwati wife of Lakhan Singh died and thereafter a report was lodged by Lakhan Singh at 7.45 P.M. on 21.4.2003 at police station Mirhachi district Etah with this allegation that on 18.4.2003 his wife Smt. Premwati was washing clothes of her children on a public tape. At that time Ganga Singh came to her and stated that she had washed stools of her children at the tape. Smt. Premwati refuted that allegation and then Ganga Singh, his brother Jaiman Singh, Mohkam Singh and Gopali caught hold of her and beat her with fists, legs and lathis and committed her murder by strangulating her neck. Thereafter they with a view to conceal this offence took the dead body of Premwati inside the house of her husband Lakhan Singh ( complainant) and hanged it after tying it by her Dhoti. This incident was witnessed by the villagers Parsadi, Girraj Singh and so many other persons. The father of Lakhan Singh and his brother had gone out of station and since the accused had threatened Lakhan Singh that if he disclosed this incident to any one, he would also be killed, Lakhan Singh could not dare to take any action and on 21.4.2003 when his father and other family members came back, he narrated the entire incident before them and on being exhorted by them he went to the police station and lodged the report. It was further stated that post-mortem of the dead body had been performed on 18.4.2003.