HARI KEWAL Vs. STATE OF U P

JUDGEMENT

(1.) CRIMINAL Appeal No. 240 of 2006, has been filed by appellants Hari Kewal and Ghurahu and CRIMINAL Appeal No. 295 of 2006 has been filed by appellant Smt. Sursatia against the judgment and order dated 7.1.2006, passed by the Addl. Sessions Judge, (Fast Tract Court No. 4), Deoria whereby Smt. Sursatia was convicted under Sections 302 and 328, I.P.C. and was sentenced to imprisonment for life and to pay a fine of Rs. 2,000 and in default to further undergo S.I. for one year under Section 302, I.P.C. and to undergo R.I. for five years and to pay a fine of Rs. 500 and in default to further undergo S.I. for one month under Section 328, I.P.C. Similarly the appellants Hari Kewal and Ghurahu were convicted under Section 302 read with Section 34, I.P.C. and Section 328 read with Section 34, I.P.C. and sentenced to life imprisonment and to pay a fine of Rs. 2,000 each and in default to undergo S.I. for one year under Section 302/34, I.P.C. and to undergo R.I. for five years and to pay a fine of Rs. 500 and in default to undergo S.I. for one month under Section 328/34, I.P.C. Both the sentences to all the accused-appellants was directed to run concurrently.

(2.) THE incident took place on 20.2.1995 at about 9 a.m. at the house of the complainant Sunder (P.W. 1) in village Musaila Bujurg. F.I.R. Ext. Ka-1 was lodged by the complainant at P. S. Khukhundu, district Deoria on 21.2.1995 at 20.25 hours.

(3.) INQUEST proceedings were held by S.I. Vibhuti Yadav on 21.2.1995 at the Civil Hospital, Deoria. He prepared inquest report Ext. Ka-9 and connected papers photo Nash Ext. Ka-10, sample seal Ext. Ka-11, letter to R.I. Ext. Ka-12, Form 13 Ext. Ka-13 and letter to C.M.O. Ext. Ka-14.