MAIN KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Shri Rajesh Kumar Pandey, learned counsel for the appellant, and Ms. Ruhi Siddiqui, learned AGA for the State were heard at length.

(2.) Under challenge in the instant appeal is the judgment and order dated 21.09.2012 passed by Additional Sessions Judge, Court No. 1, Faizabad, in Sessions Trial No. 684 of 2009 arising out of Case Crime No. 868 of 2008, Police Station Gosainganj, Faizabad, whereby the present appellant Main Kumar was convicted and sentenced as under: -

(3.) In the facts of the instant case, one Shivpati, aged about 65 -70 years, is alleged to have been murdered. She was real 'Chachi' of the complainant Ram Prakash and appellant Main Kumar happens to be her real nephew. Appellant Main Kumar is resident of village Targohan Police Station Maharajganj which is parental village of deceased Shivpati. While deceased's matrimonial home was in village Boghipur, Police Station Gosaiganj, District Faizabad. She was widow of uncle of the complainant. It transpires from perusal of the record that on 13.09.2008 the complainant Ram Prakash moved an application scribed by Vijay Kumar Singh which was entered at GD No. 23 dated 13.09.2008 at 13.20 hours alleging therein that Shivpati was taken away by appellant Main Kumar on 02.09.2008 for her treatment where she died on 11.09.2008. Her dead body was brought to his house on a tractor along with 30 -40 persons for the purpose of her funeral. Since the brother of the complainant was working in Gujarat, therefore, the complainant side waited for the arrival of his brother and till then the dead body was kept on ice. When on 13.09.2008, his brother Nand Lal came to his house then this application was given expressing some doubt about the cause of death of the deceased. On the basis of this information, inquest proceedings were conducted and after completing the formalities, the dead body was sent for postmortem, which was performed on 13.09.2008 at 11.20 PM. As per postmortem report, the age of the deceased was about 70 years and no ante -mortem injury was reported by the doctor on her person and cause of death could not be ascertained. Hence, viscera was preserved. In viscera report, the presence of aluminum phosphide insecticide was reported. Thereafter, the complainant moved an application under Sec. 156(3) Cr.P.C. on 25.09.2008 and under the orders of the Magistrate dated 18.10.2008 the case was registered on 10.11.2008. It was alleged in the application under Sec. 156(3) Cr.P.C. that the real uncle of the complainant named Ram Das had died long back. Since he was issue less, so his wife Shivpati (deceased) was living with the complainant. Her 'Maika' was in village Targauhan, Police Station Mahrajganj, District Faizabad. Appellant Main Kumar was a man of bad character and he always tried to grab the property of Shivpati (deceased). He also made efforts to grab her property by creating political pressure but he could not succeed. On 02.09.2008, appellant on the pretext of visiting to his house had taken Shivpati forcibly with her. When resistance was offered from the complainant then these persons extended threats of dire consequences. The appellant had some knowledge regarding the medicines. He started giving medicine to Shivpati to make her mind unconscious and taking the advantage of it, on 03.09.2008 he had withdrawn some money from the account of Shivpati. On 04.09.2008, the appellant had taken Shivpati to Faizabad registry office and got a sale -deed executed of plot No. 115 area 0.3250 hectare in his favour. Complainant, to know about the welfare of Smt. Shivpati and to bring her back, used to go there but the health of Shivpati continuously deteriorated. Appellant threatened and assured that after improvement of her health he will send her to his house. On 09.09.2008, the appellant got a will deed of the entire property of the deceased executed in his favour and after execution of the said will deed, murdered her in the intervening night of 10/11.09.2008. On 11.09.2008 at about 10.00 AM the appellant and some persons of his village along with the dead body of Shivpati came to the house of the complainant for funeral but on the objection raised by the complainant that unless and until his brother comes the funeral shall not take place. The appellant insisted for early disposal of the dead body, ultimately after extending threats he went from there. Thereafter, the complainant went to give information of this incident at the police station where -from he was turned out. On 13.09.2008, the complainant along with his brother gave a written report at the police station. The SO concerned compelled them to enter into compromise. When the complainant insisted for registration of the case then his signature was obtained on a blank paper and he was assured that the postmortem shall be conducted on 14.09.2008. The postmortem was conducted in the night on 13.09.2008. On 13.09.2008, no first information report was registered by the police on the application given by him. Thereafter, he moved an application to Superintendent of Police concerned on 14.09.2008 but in spite of that no case was registered and ultimately he moved an application under Sec. 156(3) Cr.P.C. on 25.09.2008 and under the orders of the Magistrate, the case was registered.