SAVITRI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 12.11.2008, passed by the learned Additional Sessions Judge, Court No.1, Hamirpur in Session Trial No. 106 of 1997 (State vs. Shiv Sahai and Anr.), under Section 302/34 IPC, P.S. Rath, District Hamirpur, whereby accused-appellants Shiv Sahai and Smt. Savitri have been convicted under Section 302/34 of IPC and have been sentenced to undergo imprisonment for life along with fine of Rs. 5000/- each. In default of payment of fine, they have to undergo six months additional imprisonment.

(2.) The case of prosecution is that the marriage of complainant's sister Kaushalya was solemnized with accused-appellant Shiv Sahai in June 1993. Shiv Sahai was a person of doubtful character and he was having illicit relation with his sister-in-law (Bhabhi) Savitri Devi. Kaushalya has seen them in objectionable condition on several occasions. Due to the above facts, relations between accused-appellant Shiv Sahai and Kaushalya were not cordial. On 07.06.1997 complainant Narain Singh and his younger brother Arvind have gone to village Itayal to bring their sister. In the evening, after taking food they slept in the outer part of the house. At about 11:00 PM, Kaushalya has seen accused-appellant Shiv Sahai and Savitri Devi in objectionable condition and on that issue, an altercation took palce. Accused-appellant Shiv Sahai and Savitri Devi took Kaushalya Devi into the room and committed her murder by tiding her neck with a rope. Hearing the noise, complainant and his brother awoke but both the accused persons ran away towards jungle.

(3.) The complainant/PW-1 Narain Singh reported the matter to the police by filing a tahreer Ex. Ka.1 and on that basis case was registered on 08.06.1997 at 6:20 A.M. against both the accused persons under Section 302/34 of IPC vide FIR Ex. Ka. 3.