CHHOTTEY LAL Vs. STATE

JUDGEMENT

(1.) This appeal under Sec. 374(2) of the Criminal Procedure Code, 1973 Crimial P.C. has been preferred by four appellants, who have been convicted under Sec. 302/34 of the Indian Penal Code Penal Code to imprisonment for life and under Sec. 201/34 Penal Code to imprisonment for a term of two years by the impugned judgment dated 31st May, 1989. Both the sentences have been directed to run concurrently. The Additional DistrictSessions Judge, Karvi, Banda has found them guilty in Session Trial No. 71 of 1986.

(2.) It was a case of prosecution that P.W.-3 Chandra Pal filed a written report on 24th May, 1986 at about 030 P.M. at Police Station Manikpur, District Banda, wherein he stated that his sister Ram Lali was married with Chhottey Lal, appellant no. 1, son of Ram Bahori-appellant no. 2 about eight years' back. The appellant no. 3, Uma Shanker, is brother of appellant no. 1-Chhottey Lal and the appellant no. 4, Smt. Ram Sakhi, is wife of appellant no. 2 (mother of appellant nos. 1 and 3). It was alleged that the appellants had harassed Ram Lali in connection with demand of dowry and on 20th May, 1986 at about 06.00 P.M. they have murdered Ram Lali by strangulating her and later they set her on fire by sprinkling kerosene oil. In the same night at about 10.00 P.M. appellant no. 2 had informed Police Station Manikpur that Ram Lali has committed suicide. It was mentioned in the written report that he came to know about the incident when he was going to Manka, Police Station Mau, someone told him at Manikpur Railway Station that on 20th May, 1986 his sister was murdered by the appellants. On the basis of his report a chik first information report FIR was prepared and an FIR was recorded on 24th May, 1986 at 09.15 A.M. as Case Crime No. 52 of 1986, under Sec. 302 IPC, at Police Station Manikpur, District Banda.

(3.) The investigation was initially entrusted to P.W.-7 N.K. Singh, Inspector. The inquest was conducted by P.W.-6 Ram Swaroop Lawaniya, Sub Inspector. In the inquest report in the opinion of the witnesses the cause of death was shown to be burning. Autopsy was conducted by P.W.- 5 Dr. P.N. Dwivedi. In the opinion of the Doctor, the death was caused due to strangulation and burning. After completion of investigation, the police submitted a charge-sheet against all the appellants, who are husband, father-in-law, brother-in-law and mother-in-law of the deceased. All the four appellants stood trial.