SHEELA DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) These criminal appeals have been preferred against the judgment and order dated 07.09.2018, passed by learned District and Sessions Judge, Chandauli, in Sessions Trial No. 178 of 2012 (State vs. Rakesh Yadav), arising out of Case Crime No. 44 of 2009, under Section 306/34 IPC, Police Station Baluwa, District Chandauli, whereby the appellants Rakesh Yadav, Akhand Yadav and Sheela Devi have been convicted and sentenced under Sections 306/34 IPC for ten years rigorous imprisonment and Rs. 50,000/- fine each and in default six months additional imprisonment each. It has further been directed that period already passed in jail shall be adjusted against the sentence.

(2.) Brief facts of the case is that the daughter of the complainant Bindu was married to Rakesh Yadav, who was living in the joint family of Dashrath Yadav and Munni Lal. About three years and eight months ago, a partition took place between them and they started living separately. At the time of partition, Munni Lal had taken a loan of Rs. 1,00,000/- from Dashrath Yadav. Therefore, accused Munni Lal (Father-in-law), Rakesh Yadav (Husband), Akhand Yadav (Jeth) and Sheela Devi (Jethani) started pressurizing and beating deceased Bindu to bring Rs. 1,00,000/- from her parents for payment of aforesaid loan. On 22.02.2009, on the occasion of Shivratri, when the complainant went to meet his daughter Bindu with Siya Ram Yadav, his daughter asked him to arrange Rs. 1,00,000/-, if he wants to see her alive. She told that her in-laws will kill her as Dashrath Yadav is regularly pressurizing for payment of money. She also said that if the complainant will not arrange Rs. 1,00,000/-, she will commit suicide with her children. They tried to console her and came back. On 25.02.2009, the complainant got information from her another daughter Inda Devi that Bindu has been beaten and forcibly expelled from the house and whether she reached to him or not. On 26.02.2009, when the informant was going to Kailawar for searching her daughter Bindu and her children, in Chandauli, he was informed by some persons that the dead bodies of a woman and two children are lying on the railway track. When he reached there, he found that his daughter and her two children had committed suicide after coming under a train. A report was given to Police Station Balua about the incident on 26.02.2009 naming all the accused persons and a case was registered against them for offence under Section 306/34 IPC. His daughter was aged about 35 years and her daughter was aged about 14 years and her son was aged about 12 years.

(3.) The inquest report was prepared and the dead bodies were sent for post-mortem in the district hospital where the post-mortem was conducted. After completing the investigation, charge sheet was submitted against the accused persons namely Munni Lal. Rakesh Yadav, Akhand Yadav and Sheela Devi. The case was committed for trial and charge was framed against all the accused persons for evidence under Section 306 IPC.