SIYA BAI Vs. STATE

JUDGEMENT

(1.) Heard Mr. Ashish Malhotra, learned Amicus Curiae as well as Mr. Nagendra Bahadur Singh, learned Additional Government Advocate for the State.

(2.) The present Jail Appeal has been directed against the judgment and order dated 18.11.2004 passed by the Learned Session Judge, Lalitpur in Session Trial No. 25 of 2003 whereby the appellant was convicted for commission of offence punishable under Section 302/34 of the Indian Penal Code and sentenced to imprisonment for life with a fine of Rs.1,000/- in default to undergo additional rigorous imprisonment for two months and Under Section 201/34 of the Indian Penal Code and sentenced to three years rigorous imprisonment with a fine of Rs.500/ in default to undergo additional rigorous imprisonment for two months. All these sentences were directed to run concurrently.

(3.) The case of prosecution, in brief, is that Indra Pal Singh, son of Shivraj Singh, resident of village Shemar Kheda, Police Station Girar District Lalitpur had lodged a First Information Report on 28.12.2002 at Police Station Girar, Lalitpur stating therein that on 27.12.2002 at about 11:00 hours Smt. Siya Bai (appellant) wife of Dhuman Singh, Padam Singh and Santram sons of Dhuman Singh Lodhi had got entered his son Krishna Kant aged about five years into their house, while he started weeping the informant's wife Smt. Ajab Rani had challenged Siya Bai etc. from her roof, then they replied that he was weeping for Makora and left out him. Thereafter at about 4:00 pm his daughter Kumari Anju aged about three years disappeared from home. The informant as well as Veere Singh son of Surat Singh and Madan Singh son of Chandan Singh Lodhi resident of village Shemar Kheda and other family members of informant searched her at several places, but she could not be traced out. On the basis of suspicion they went to the house of Siya Bai to certify, where Siya Bai (appellant), Padam Singh and Santram sons of Dhuman Singh were present. They went to upstairs of the house of the accused and saw the blood spreading over the roof and he lifted Matka capped on hut he saw the dead body of her daughter hidden therein. He also saw the injuries caused over her with sickle and flat blade tool (Khurpi). Then he started crying, during which they took a chance and ran away. He stated that his daughter Anju was murdered by Siya Bai, Padam Singh and Santram due to long enmity with regard to the land. The said information was registered as Case Crime No. 141 of 2002 under Section 302/201 of the Indian Penal Code at Police Station Girar District Lalitpur. The accused were arrested on 28.12.2002 itself and in presence of witnesses Gyani son of Today Nai, Dhuman Singh son Than Singh Lodhi, resident of village Lekar Kheda, Police Station Girar District Lalitpur they accepted their guilt for commission of murder of informant's daughter Kumari Anju by causing injuries to her with sickle and flat blade tool (Khurpi) which were hidden by them in their house itself. On their instance incriminating articles i.e. sickle and flat blade tool (khurpi) were recovered from room of the said house, the weapons were got recovered and seized by the police. The investigating Officer also got recovered the plain and blood stained earth from the spot and prepared recovery memo. The dead body of the deceased was sent for postmortem examination.