(1.) Heard Mr. Noor Mohammad, learned for the appellant as well as Mr. B.A. Khan, learned Additional Government Advocate for the State.
(2.) The present appeal has been filed against the judgment and order dated 24.12.2003, passed by the Additional Sessions Judge, Gorakhpur, in Session Trial No.16 of 2003, whereby the appellant was convicted under Section 302 I.P.C. and sentenced to rigorous imprisonment for life with fine of Rs.5000/- in default to undergo additional rigorous imprisonment for two years, under Section 201 I.P.C. and sentenced to rigorous imprisonment for five years with fine of Rs.2000/- in default to undergo additional rigorous imprisonment for six months.
(3.) The case of prosecution, in brief, is that one Girja Devi widow of late Ram Dayal Pasi, lodged a First Information Report on 20.10.2002, at Police Station Pipraich, District Gorakhpur, for the incident happened on 26.02.2002. Her First Information Report was registered as Case Crime No. 446 of 2002, under Section 302 I.P.C and 201 I.P.C. In her first statement, she had stated that her daughter (Nisha Devi) was married with Ratan Pasi, son of Ram Raj, about one and half years ago as per Hindu rituals. She had also done her farewell at the time of marriage. She had come back from her in-laws house to the parental house 3-4 times and had complaint that her husband used alcohol and thereafter assaulted her each and every time. She stated that on 26.02.2002 her son-in-law had committed murder of her daughter Nisha Devi and immediately cremated her dead body without informing her. After about 3-4 days, Jogender Pasi, resident of the complainant's village, who had relationship in Shahganj had come to her and informed that her daughter (Nisha Devi) died and was cremated by her husband. On information received, the complainant and her husband's sister Vidaya (Nanand), Jagri (Dewrani) and Phool Kumari, went to Shahganj, then they came to know that Ratan Pasi had murdered Nisha Devi and cremated the dead body of the deceased immediately thereafter. She also reported that even after asking he had not turned up to her.