URMILA AND OTHERS Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri I. K. Chaturvedi, learned counsel for the appellant no. 1, Sri Rishikesh Tripathi, learned counsel for the appellant no. 2 and Sri Indrapal Singh Rajput, learned A.G.A. for the State assisted by Sri Rajnish Pandey, State Law Officer.

(2.) This criminal has been preferred by Smt. Urmila (A1) and Durjan (A2) against the judgement and order dated 28.04.1989 passed by Sessions Judge, Banda in S.T. No. 150 of 1988, "State Vs. Smt. Urmila and another", by which the appellants have been convicted and sentenced to imprisonment for life u/s 302/34 I.P.C. and three years rigorous imprisonment u/s 201 I.P.C. Both the sentences were directed to run concurrently.

(3.) Briefly stated the facts of this case are that Avadh Lal Verma, resident of village- Lohra used to run his own school in village- Pachokhar. He resided in a house as a tenant situate in Mohalla Naraini Road Atarra along with his wife Smt. Urmila (A1) and four children, the eldest of whom was P.W.1 Ritesh Kumar aged about 10 years. Durjan (A2) who was a student of M.Sc. in Atarra college, also lived in a room in this house. According to the prosecution story, Smt. Urmila (A1) developed illicit relation with Durjan (A2). Avadh Lal Verma got angry after knowing about this relationship. In March 1988, Smt. Urmila (A1) was appearing in High School Examination. In the intervening night of 14/15.03.1988, Avadh Lal Verma slept in his room. To the south of his room was the room of Durjan's (A2). The doors of his room opened towards east in the courtyard. Smt. Urmila (A1) and her children were sleeping on separate cots in this courtyard. In the morning on 15.03.1988 when the room of Avadh Lal Verma was found bolted from inside and nobody responded to the knocks, neighbours came and tried to get the house opened. Meanwhile some students of Avadh Lal Verma arrived. One of them inserted his hand in the crevice between the two door leaves and removed the chain. It was found that the dead body of Avadh Lal Verma was hanging from the roof with his neck tied with a saree. His dead body was then brought down and it was ascertained that he was dead. Thereafter Smt. Urmila (A1) dictated the written report (Ext.Ka.1) to P.W.3 Kamlesh Kumar Dixit and lodged it at P.S.- Atarra, District- Banda at 11 a.m. on 15.03.1988. In the F.I.R., it was alleged that Avadh Lal Verma had committed suicide because of financial trouble and he died at about 6.30 a.m. when Smt. Urmila (A1) was preparing to leave for examination.