DEO PAL YADAV Vs. STATE OF U P

JUDGEMENT

(1.) This appeal is against the judgment dated 11.01.2012 passed by the learned Sessions Judge, Mahoba in S.T. No. 2 of 2008 arising out of case crime no. 1005 of 2006, P.S. Kotwali Mahoba whereby out of the four accused, the appellant who is the husband of the deceased has been convicted under Section 302 I.P.C. for having committed the murder of his wife and has been sentenced to undergo life imprisonment with Rs. 5000/- as fine and in default of payment of fine to undergo six months additional imprisonment. By the same judgement, the other three co-accused namely, Prasad Yadav, the father of the appellant, Smt. Mannu, the mother of the appellant and Munna, the brother of the appellant, have been acquitted of all the charges.

(2.) The incident is said to have taken place on 24th September, 2006, which according to the prosecution was sometime between afternoon and evening of the said date. The incident was reported through a First Information Report lodged on 25th September, 2006 at 8.30 a.m. by P.W. 1, Devi Deen, brother of the deceased. The First Information Report discloses that the appellant and other co-accused subjected the deceased to harassment occasionally and as a consequence thereof, the deceased committed suicide by hanging herself to death on the fatal day. The written report was tendered through one Bharat Singh Yadav and the check F.I.R. was transcribed by Onkar Nath who has been examined as P.W. -5.

(3.) The investigation commenced and the inquest report was prepared in the presence of Naib Tahsildar Gulab Singh who was examined as P.W.-4. A recovery memo of the rope utilized for the commission of the said offence was prepared which has been exhibited as exhibit -Ka-8. The dead body was dispatched for postmortem on 25th September 2006 which was carried out on 26th September, 2006 under the joint supervision of P.W.3, Dr. R.P. Mishra and Dr. Anurag Purwar. The postmortem report is exhibited ka-2. The appellant along with the two other co-accused namely his father Prasad and brother Munna were arrested on 30th September, 2006.