PHOOL SINGH & OTHERSR Vs. A.G.A.

JUDGEMENT

(1.) Heard Sri D.K. Singh, Sri Jyoti Prakash, learned counsel for the appellants, Sri Subhash Singh Yadav, learned counsel for the complainant, Sri Ram Yash Pandey, Sri S.N. Tripathi, Sri Pradeep Pandey, Sri Uma Kant Mishra, Sri V.P. Tripathi, Sri Ram Sagar Yadav and Sri Rahul Asthana, learned AGA appearing on behalf of the State.

(2.) The appellants four in number, were facing trial under Section 302 IPC read with Section 34 Indian Penal Code before the learned Additional Sessions Judge, Ghazipur. The learned Additional Sessions Judge, Ghazipur convicted the accused and sentenced them to life imprisonment for murder. The aggrieved appellants, namely Phool Chand - appellant no.1, Appellant no.2 and Smt. Gulainchi - appellant no.4 have died during this period of thirty years and only Chhangur the husband of the deceased is alive. Order dated 20.11.2015 passed by this Court indicates that the appeal has already been dismissed as abated as against the appellant nos. 1, 2 & 4. As such, we are required to consider this Appeal only qua Appellant No.3 Chhangur.

(3.) The investigation was moved into motion first by Phool Chand, accused no.1 by reporting that his daughter -in -law had accidentally died. The police machinery on that very day prepared the Panchanama and sent the case for postmortem later on father of the deceased felt that his daughter was done to death and on the basis of his report, further investigation started and the accused were chargesheeted before the court of learned Magistrate. The case was committed to the Court of Sessions Judge as it was session trialable case.