BRIJ LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) These appeals have been preferred against the the judgment and order dated 25.06.1985 passed by the learned IVth Additional Sessions Judge, Fatehpur whereby the accused-appellants Brij Lal Verma, Ram Raj, Smt. Vimla Devi and Smt. Maharani were convicted under Sections 302/34 I.P.C. and sentenced to under go imprisonment for life in Session Trial No. 325 of 1985 (State Versus Brij Lal and others), P.S. Bindki, District-Fatehpur.

(2.) Briefly stated, the prosecution case is as under:

(3.) On the intervening night of 29/30.4.1985 the accused-appellant, Brij Lal, Ram Raj, Smt. Vimla Devi and the parents of Brij Lal with the common object had killed his daughter Maya Devi. The information about the death of Maya Devi was given to him on 30.04.1985 at about 6.00 A.M. by one Keshan Lal son of Kallu, resident of village Kamrapur, P.S. Bindki, District-Fatehpur. On getting the information, the complainant and his family members reached village Kamrapur and found the dead body of Maya Devi in the house of Ayodhya Prasad, however the accused were not present at their house. Thereafter the complainant went to Bindki Police Station by a tempo got the written report scribed by one Gopal Prasad, resident of village Shahjahanpur at the Lalauli crossing and submitted the same to the police station Bindki on 30.04.1985 at about 7.45 A.M. On the basis of written report, a check FIR was prepared by Head Moharrir Lalta Prasad and Crime Case No. 92 of 1985 under section 302/498-A I.P.C. and section 3 of the Dowry Prohibition Act was registered and relevant entries were made in the general diary.