SHYAM YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Criminal Jail Appeal No. 55 of 2001; Shyam Yadav Vs. State of U.P., under Section 374(2) of Code of Criminal Procedure 1973 (hereinafter referred to as 'Cr.P.C.), has been presented by accused-appellant Shyam Yadav, through Superintendent of Jail, Mathura, under Sec. 383 Crimial P.C., against judgment of conviction and sentence made by Court of 2nd Additional Sessions Judge, Mathura on 19.03.1999 in Sessions Trial No. 462 of 1996, arising out of Case Crime No. 129 of 1996, under Sec. 302 I.P.C., Police Station Chhata, District Mathura, whereby he has been sentenced with life imprisonment and a fine of Rs.1,000.00 and in default one year further rigorous imprisonment. Criminal Appeal No. 128 of 2004; Smt. Mishri Vs. State of U.P., was filed by accused-appellant Smt. Mishri against the same judgment of conviction and sentence made as above for her also. Subsequently, Jail Appeal No. 6998 of 2007; Smt. Mishri Vs. State of U.P., has again been filed by accused-appellant Smt. Mishri through Superintendent of Jail, Lucknow under Sec. 383 Crimial P.C. against the same judgment of conviction and sentence for which Criminal Appeal No. 128 of 2004 was filed. Hence all these three appeals have been heard jointly and are being decided with this common judgment.

(2.) From perusal of impugned judgment and record of trial court, it is apparent that Case Crime No. 129 of 1996 was got registered at Police Station Chhata on 28.07.1996 at 20.30 P.M. upon an information submitted by Yaad Ram under the scribe of Jal Singh, S/o Duli Chand, R/o Chhata, Mathura and singed by informant Yaad Ram against Shyam Yadav, S/o Ramrati Yadav and Smt. Mishri, W/o Giriraj, with this contention that Shyam Yadav, S/o Ramrati Yadav, R/o Adarsh Nagar, P.S. Laar, District Deoria, presently an employee of S.V.C. Factory, Chhata, was residing as a tenant in the house of informant's cousin, namely, Giriraj, S/o Gyasa, who was resident of Town Chhata at Barsana Road, since last one year @ Rs.200.00 per month. He developed illicit relations with wife of Giriraj, namely, Smt. Mishri, which was persistently being opposed by Giriraj, resulting frequent quarrel and scolding amongst them. On 28.07.1996 (Sunday) Giriraj was at his field for having green fodder at about 6 P.M., when his wife Smt. Mishri and tenant Shyam Yadav strangulated him by wrapping Tehmad (Lungi) over his neck. This was witnessed by persons working at their filed situated nearby, namely, Lal Chand, S/o Jeevan, Rajendra, S/o Kunwar Lal, Veer Singh, S/o Fateli, Vijan, S/o Lakhi and Kamal, S/o Bhajan Lal. Shyam Yadav and Smt. Mishri were apprehended on spot by use of force by those witnesses; dead body was kept at home of deceased and this report was submitted at Police Station concerned for legal recourse. Chick FIR (Ext. Ka-15) and G.D. entry of registration of this case crime number (Ext. Ka-16) was prepared by Head Constable present on duty at above Police Station. Inquest proceeding, after visit of spot and preparation of Site Map (Ext. Ka-17), was got conducted in the morning of 29.07.1996. Death owing to strangulation was suspected, but requisite papers for autopsy examination of dead body were got prepared at the time of inquest proceeding by Investigating Office i.e. Sub Inspector S.S. Raghav (PW-7). Thereafter, sealed intact dead body, along with those papers, were sent through police personnel and got examined under autopsy examination by Dr. Vinod Chandra (PW-4) which established death owing to ante mortem strangulation and asphyxia caused by ante mortem injuries i.e. (i) abraded contusion 20cms. x 2cms. on all around neck at the level of thyroid cartilage direction almost horizontal underlying tracheal rings are fractured, underlying tissues are lacerated; (ii) abrasion 4cms. x 2cms. on the left scrotum is present. Autopsy Examination Report (Ext. Ka-3) was prepared under handwriting and signature of Dr. Vinod Chandra (PW-4), which substantiated death as murder.

(3.) Investigation resulted filing of Charge Sheet before Court of Chief Judicial Magistrate, Mathura, who took cognizance for offence of murder punishable under Sec. 302 I.P.C. As offence of murder was exclusively triable by court of Sessions, hence file was committed to court of Sessions on 14.10.1996 by court of IVth Additional Chief Judicial Magistrate, Mathura.