GUDDU Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 30.06.2011 passed by Additional Sessions Judge, Court no. 8, Gorakhpur in Sessions Trial No. 180 of 2010 ( State Vs. Guddu and Others) by which accused-appellant Guddu has been convicted under Sections 302 IPC for life imprisonment with Rs. 10,000/- as fine; the appellant-Adalat Gupta and appellant-Indrawati have been convicted under Section 201 IPC and ordered to undergo five years imprisonment with a fine of Rs. 1000/- each with default stipulation.

(2.) Prosecution story, in nutshell, is that the informant-Sangam Lal gave a written report (Ex.Ka.1) to the SHO, P.S. Chaura Chauri, Gorakhpur alleging there in that his sister-Reeta(deceased) was married 11-12 years prior to the incident with Hindu rituals; that before her gauna, Guddu had developed illicit relations with some girl at Delhi, and after counselling that affair came to end; thereafter, her sister-Reeta was sent to her husband's house; due to this reason, Guddu, his father Adalat and mother Indrawati Devi used to torture his sister; that out of wedlock, one daughter aged about two and half year born; that once Guddu had dropped Reeta at Chauri Chaura; some how, she managed to reach her parental home; then, his sister was counselled and again sent back to the house of Guddu; after 4-5 months again, she was dropped at the shop of Sunil who took her to home; after 5-6 months, his sister-Reeta was again sent to her husband's house; that on the occasion of Chhath , Guddu had come to his house along with his sister-Reeta and after 3-4 days, they returned; today i.e. 18.11.2009, he received information that his sister-Reeta succumbed to burns in the morning due to the harassment/torture made to her by her husband-Guddu, father-in-law Adalat Gupta and Indrawati-mother-in-law.

(3.) On the said information, necessary entry was made in G.D. entry no.21 at 11.20 a.m. on 18.11.2009 (Ex.Ka.4). A case under Sections 498A, 306 IPC was registered at Case Crime No. 1411 of 2009 at Police, Chaura Chauri, Gorakhpur (Ex.Ka.3). Investigation was entrusted to S.I. Brijraj Singh who visited the spot and prepared site plan (Ex.Ka.6). Thereafter, inquest proceeding was conducted and necessary police papers viz. Inquest report(Ex.Ka.7), letter to C.M.O.(Ex.Ka.8), letter to R.I. (Ex.Ka.9), Challan laash (Ex.Ka.10), Photo Laash(Ex.Ka.11) and burnt clothes/ash collected from the spot was sealed and its recovery memo (Ex.Ka.12) were prepared. Initially, FIR was registered under Section 498A, 306 IPC, but after post mortem and investigation, the case was converted under Sections 302, 201 IPC and investigation was handed over to S.I. Surya Nath Yadav (P.W.11). The post mortem on the dead body of deceased-Reeta was conducted by P.W.8 Dr.V.P. Pandey, who found following injuries on the body of deceased; ...[VARNACULAR TEXT UMITTED]...