MAHESHWAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS judgment will dispose of two Criminal appeals, namely Crl. Appeal Nos. 231 of 1992 and 230 of 1992 preferred respectively by accused persons Maheshwar and Smt. Shanti Singh who were convicted in Sessions Trial No. 194 of 1991 by Ilnd Addl. District and Sessions Judge, Sitapur for the offences under Sections 302 and 201 of the Indian Penal Code and sentenced respectively to undergo rigorous imprisonment for life and rigorous imprisonment for three years each.

(2.) THE prosecution case, in brief, runs thus : THE informant, Taluqdar Singh (P.W. 2) and the deceased Havaldar Singh were real brothers but they were living separately in different villages after the division of their agricultural land sometime back. Accused Smt. Shanti Singh is the wife of the deceased Havaldar Singh and this couple had one son Urmil (P.W. 1) and one daughter. According to the prosecution, accused Smt. Shanti Singh and illicit relations with the other accused Maheshwar and their affair had been going on for quite sometime. THE prosecution case is that when the informant Taluqdar Singh (P.W. 2) did not meet his brother deceased Havaldar Singh for about three-four months, then he went to the latter's wife accused Smt. Shanti Singh and enquired regarding whereabouts of his brother, deceased Havaldar Singh ; she told him, that there had occurred some quarrel between her and her husband and then the latter had gone out of the house saying that he would never see her face again. THEn on 14.1.91 in the noon time Urmil (P.W. 1) s/o accused Smt. Shanti Singh and deceased Havaldar Singh went to his uncle. Taluqdar Singh (P.W. 2) and informed him of the incident in question, that his mother, Smt. Shanti Singh and accused Maheshwar had killed his father, Havaldar Singh and he had seen the occurrence. He (P.W. 1) further told him (P.W. 2) that accused Maheshwar had threatened him that if he told of the incident to any body, he would kill him as well, and accused Maheshwar kept him (P.W. 1) with him and they used to go on some brick-kiln (Bhatta) for work. Taluqdar Singh (P.W. 2) thereafter reached his brother's (deceased, Havaldar Singh) house along with some persons and threatened accused persons Smt. Shanti Singh and Maheshwar, then they disclosed that they had committed the murder of Havaldar Singh. Meanwhile, Taluqdar Singh (P.W. 2) went to the Police Station Reusa and lodged the first information report Ext. Ka. 1 ; the police reached the spot and recorded the statements of the witnesses. Accused persons Maheshwar and Smt. Shanti Singh met on the spot and in the presence of the witnesses, they showed to the police the place where they had hidden the dead-body of the deceased. Havaldar Singh. Accused Smt. Shanti Singh also gave the 'gandasa' to the police and told that she had killed Havaldar Singh by that 'gandasa' and the blood stuck on it had been washed off. She also gave the shoes of the deceased Havaldar Singh to the Police. THE place shown by the accused person was dug and then a skeleton was found over which clothes, namely, Kurta, Dhoti, Angouchha etc. were there. THE Police also prepared the site-plan and conducted other necessary investigations in the case. THE dead body was sent for post-mortem examination which was done by Dr. S. K. Sinha (P.W 6). After complete investigation having been done the charge-sheet was filed in the Court of the Magistrate concerned wherefrom the case was committed to the Court of Session.

(3.) LEARNED Addl. Sessions Judge, on complete appraisal of the prosecution evidence available on record, came to the conclusion that the prosecution had proved the offences levelled against both the accused persons and, thus, he convicted and sentenced them as aforesaid. Being aggrieved by the judgment of conviction and sentence passed by the Addl. Sessions Judge, both the accused persons have preferred these two jail appeals.