PRAMILA Vs. STATE OF U P

JUDGEMENT

(1.) The Criminal Appeal No. 3424 of 2010 has been preferred by appellant Smt. Pramila while Jail Appeal No. 602 of 2013 has been preferred by appellant Smt. Girja Devi against the common judgment and order dated 24.04.2010 passed by Shri Ram Kushal, Additional Sessions Judge/Fast Track, Court No. 3, Basti in Session Trial No.125 of 2009. By impugned judgment, both the above-named accused-appellants have been convicted under Section 302/34 IPC and sentenced to life imprisonment and fine of Rs. 5,000/-, each, and in default thereto, they have to undergo one year additional rigorous imprisonment. They were further convicted under Section 201/34 IPC and sentenced to undergo five years rigorous imprisonment with fine of Rs. 1,000/- each and in default thereto, they have to undergo six months additional imprisonment. Both sentences were directed to be run concurrently.

(2.) The facts and circumstances giving rise to these appeals are that on 02.12.2008, while complainant Ram Milan and his wife were not at home, their son Raj Karan, aged two years, went missing from their house. After sometime, complainant's wife Sangeeta returned to home and tried to search her son but in vain. In the evening, complainant returned to home and he also made search of his son. It was alleged that one week prior to the incident, an altercation had taken place between complainant's wife Sangeeta and his brother's wife Girja Devi and after altercation, complainant had slapped Girja Devi. Being infuriated, Girja Devi threatened that she would kill him and his son. Due to these facts, complainant suspected that his son might have been killed by Girja Devi. Complainant and other villagers asked Girja Devi for search of her house but she resisted their move for searching her house. However, complainant and other villagers including Bhaiya Ram Maurya, Prahalad and Pujari entered into house of Girja Devi and found dead body of child Raj Karan, lying in a gunny bag inside a big tin box of Girja Devi. At that time, sister of Girja Devi, namely Pramila was also present there. Complainant reported the matter to police by submitting a written tehrir Ex. Ka-1. Consequently, the case was registered on 02.12.2008 at 21:30 AM under Sections 302, 201 IPC against accused-appellants Girja Devi and Pramila vide FIR.Ex. Ka-15. The gunny bag and tin box were taken into possession by Investigating Officer vide recovery memo Ex. Ka-13.

(3.) Pw-9 Vijay Shanker Giri, Station House Officer of Police Station, Rudhauli, conducted inquest proceedings on 03.12.2008 at 7:00 AM vide inquest report Ex. Ka-2. The dead body of deceased was sealed and sent for post-mortem.