BABITA Vs. STATE OF U P

JUDGEMENT

(1.) BARKAT Ali Zaidi, J. Since both the aforenoted appeals arise from the same occurrence and the same judgment passed in S. T. No. 359 of 2004 in State v. Sunil Jaiswal and Ors. , by Additional Sessions Judge (Court No. 3), Varanasi on 3-6-2005, they have been heard together.

(2.) THE appellants were charged under Sections 302 and 498-A I. P. C. and under Sections 3/4, D. P. Act and holding them guilty, the Trial Sessions Judge sentenced them for imprisonment for life and to pay a fine of Rs. 25,000/- each under Section 302, I. P. C. to undergo a term of three years rigorous imprisonment and to pay a fine of Rs. 5,000/-each under Section 498-A, I. P. C, and to undergo a term of one year rigorous imprisonment and to pay a fine of Rs. 2,000/- each under Sections 3/4, D. P. Act and in default of payment of fine to further undergo a term of one year, six and two months imprisonment respectively and the sentences to run concurrently.

(3.) PRIOR to the lodging of this report accused Sunil Kumar Jaiswal also presented a written report Ex. Ka-1 on 18-12-2003 at 11. 45 p. m. at P. S. Chowk Varanasi informing the Police about the death of his wife and two daughters by committing suicide, by hanging with the help of a Sari from a ceiling fan by putting a stool underneath. He mentioned in the report that on telephonic information given to him on his shop by his sister Babita at about 7. 25 p. m. that his wife was inside the room of upper storey and the doors were closed from inside and she was not responding, he came to the house and through the neighboring roof, when he entered the room, he saw his wife Neetu and daughters Palak and Charu hanging from a ceiling fan. He took them to the doctor, who after their examination found them dead. He informed her in laws on phone and had come to the police station to lodge the report, PW-4 constable Moharrir Ram Keval Pandey made an entry Ex. Ka-13 in G. D. on 18-12-2003 at 11. 45 p. m. and informed the Authorities regarding the incident.