MUKESH Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dated 31.08.2018, passed by XIIth Additional Sessions Judge, Agra, in Sessions Trial No. 17 of 1997, arising out of Case Crime No. 80 of 1996, under Sections 302 / 201 IPC, Police Station Jaitpur, District Agra, whereby the accused-appellant has been convicted for the offence under Section 498A IPC for three years rigorous imprisonment along with fine of Rs. 5000/- and in default of fine three months additional rigorous imprisonment and under Section 304B IPC for ten years rigorous imprisonment along with fine of Rs. 25,000/- and in default of fine one year additional rigorous imprisonment.

(2.) The prosecution story is that the informant Raghuveer Singh gave a written report on 02.09.1996 at Police Station Jaitpur stating that he is resident of District Itawah. His daughter namely Baby Kumari @ Raju was married with Mukesh Singh son of Pooran Singh on 30.06.1993. His daughter told him one year before that she was being harassed for motorcycle and television and for this reason, the accused persons have committed murder of his daughter along with her one year child. He was informed by his nephew on 30.08.1996 at about 08:00 P.M. and he was told that the child was sick and he died in the hospital and because of the shock due to death of child his daughter also died. The informant reached there on 31.08.1996 and he was informed that both killed themselves by burnt themselves. At the time of incident Pooran Singh, father-in-law of the deceased, his wife, his daughter and his son Mukesh and Dharmendra were in the house and they all killed his daughter and her child and caused disappearance of the dead bodies.

(3.) On the basis of written report, the first information report was registered against the accused persons for the offences under Sections 498A , 304B , 302 and 201 IPC and it was investigated by police and thereafter charge sheet was submitted against the accused persons namely Mukesh, Bhupendra Brijpal and Shree Krishna for the offences under Sections 302 / 201 IPC. The learned trial court however framed charges under sections 304B / 498A / 201 IPC and in the alternative, under Section 302 IPC.