RAM CHANDRA TEWARI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Appellant Ram Chandra Tewari has been convicted under Section 302 read with Section 34, I.P.C. and sentenced to death for having murdered his wife while appellant Smt. Munni Devi has been convicted under Section 302 read with Section 34, I.P.C. and sentenced to imprisonment for life and to pay a fine of Rs. 20,000.00. They have further been convicted under Section 201 read with Section 34, I.P.C. and sentenced to five years' R.I. and a fine of Rs. 2,000.00 each. They have also been convicted under Section 498-A, I.P.C. and sentenced to 3 years' R.I. and a fine of Rs. 500.00 each and in default of payment of fine to undergo further imprisonment for three months' R.I. All the sentences have been directed to run concurrently. The learned Sessions Judge has also made a reference for the confirmation of the death sentence awarded to appellant Ram Chandra Tewari.

(2.) The brief facts of the case are that the informant Prem Sagar Dwivedi, owner of Avadh Medicines Aminabad, Lucknow had wedded his daughter Smt. Samta alias Ranno Devi with appellant Ram Chandra Tewari son of Munshi Lal resident of village Gurdahi P.S. Sikandra district Kanpur Dehat. Mahendra Tewari is the younger brother of appellant Ram Chandra Tewari. Smt. Munni Devi appellant is the sister of Ram Chandra Tewari. The marriage took place, according to the informant, in 1985 and according to the accused persons in March, 1986. It is alleged that the marriage was solemnised with pomp and show and substantial dowry was given but still appellant Ram Chandra Tewari used to demand money from the informant. He also used to beat and torture Smt. Samta alias Ranno Devi. The informant always used to give money to Ram Chandra Tewari. Smt. Samta alias Ranno Devi had also written letters to the informant and other family members that she was being beaten and tortured by the accused persons.

(3.) It is alleged that the son of the informant had also brought ready made garments for the appellant Ram Chandra Tewari. With the help of the informant, appellant Ram Chandra Tewari carried on this business as well. At any rate, when he could not do anything, Mama of appellant Ram Chandra Tewari, who was a Constable at Lalitpur, took him to Lalitpur and there he used to drive a Tempo. He went to Lalitpur on 5-5-1993 and settled there as a tenant in one room measuring 6 'x 9' in the house of PW-5, Rama Shanker son of Suresh Chand. Mahendra Tewari and Smt. Munni Devi also resided with appellant Ram Chandra Tewari in the said room.