KASTURA DEVI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellants in this appeal are Kastura Devi and Masantu who have preferred the same from jail. The appeal is directed against the judgment and order dated 14-9-1995, passed by Sri R. P. Singh, the then Sessions Judge. Tehri Garhwal in Sessions Trial No. 32 of 1994. Both the accused-appellants have been convicted under Sec.302 read with Secs. 34 and 201 I.P.C. Each of them has been sentenced to undergo life imprisonment under Sec.302 read with Sec.34 I.P.C. and four years rigorous imprisonment under Sec.201 I.P.C. Both the sentences have been ordered to run concurrently.

(2.) The prosecution case, as unfolded by F.I.R. and the evidence, may be stated briefly. The complainant Hayat Singh P.W.3 is the cousin of the father of deceased Sohan Singh. The deceased was the step son of accused-appellant Kastura Devi and the order accused-appellant Masantu was said to be her paramour. The incident took place on 10-5-1994 at about 6.30 P.M. in village Makhod Namitok. Patwari Circle Bangar and the murder of the victim was committed by strangulation after assaulting him. The accused-appellant Kastura Devi was earlier married to one Jagat Singh but he deserted her due to her loose character. Thereafter, she started living with one Gorkha as his wife. The mother of the deceased died about 13 years back and she left behind Bharat Singh, P.W.4 and the deceased Sohan Singh as her sons. After the death of the mother of the deceased Sohan Singh, his father Uttam Singh brought the accused-appellant Kastura Devi without formal marriage and kept her as his wife. A daughter was also born to them. She started harassing the stepsons, namely, Bharat Singh, P.W.4 and deceased Sohan Singh. For this reason Bharat Singh P.W.4 left his house and went to Delhi. She also developed illicit relations with accused-appellant Masantu. The deceased's father Uttam Singh was an old person. The deceased Sohan Singh had come to know about the illicit relations of his stepmother with Masantu and had threatened to disclose the same all around Kastura Devi was not sending the deceased Sohan Singh to school but she used to keep him in the thatched hut meant for cattle. On 8-5-1994 Bharat Singh, P.W.4 had come to the village from Delhi and he was also informed by his wife that Kastura Devi was not providing food to Sohan Singh and was keeping him in the thatched hut meant for cattle, rendering his life miserable. On 10-5-1994, she sent Sohan Singh to the thatched hut in the evening after meals. At about 5 or 5.30 P.M. on that day Kabutar Singh, P.W.1 and Bhagirath Singh, P.W.2 saw the deceased Sohan Singh fencing his thatched hut with barbed wire. The two accused appellants did him to death on that day at about 6.30 P.M. They were seen by Kabutar Singh, P.W.1 taking the dead body of the deceased Sohan Singh inside the thatched hut at about 7 P.M. when he was returning his home with his cattle after collecting them from jungle where they had gone for grazing. Bhagirath Singh, P.W.2 was also returning to his house with his cattle at about the same time and he saw both the accused-appellants entering in and coming out of the thatched hut 2-3 times, Kastura Devi came back to her house on 10-5-1994 at about 7.30 P.M. from her thatched hut of the cattle and again left house in the intervening night of 10/11-5-1994. She returned to her house on 11-5-1994 at about 7 A.M. with Masantu and both of them told the father of the deceased that Sohan Singh died after vomiting. Knowing about it. Bharat Singh, P.W.4 came to the thatched hut but he did not find any sign of vomiting. The dead body of the deceased was there. Several persons collected, Bharat Singh, P.W.4 went to call his uncle Hayat Singh, P.W.3 and informed him about the murder of Sohan Singh. Hayat Singh P.W.3 also saw the dead body of the deceased lying inside the thatched hut. Signs of rope around the neck of the deceased were also noticed. Hayat Singh P.W.3 went to Patwari Chauki Kot Bangar but the Patwari and his peon were not available. Thereafter he went to Barma Jakholi and handed over the written report Ex. Ka.1 to the Supervisor Kanungo. Mor Singh Kanwar. P.W.6. It was also stated in the F.I.R. that he suspected that Kastura Devi had murdered Sohan Singh. A case was registered against her on the basis of F.I.R. made by Hayat Singh. P.W.3. The investigation of the case was taken up as usual. The other accused Masantu also figured as co-culprit and on 14-5-1994 the case under Sec.302/201 I.P.C.was registered against both of them. The dead body of the deceased was sent for post-mortem. The statements of the witnesses were recorded. Other usual steps in connection with the investigation were taken and ultimately both the accused-appellants were booked for trial. On trial, they were charged by the learned Sessions Judge. Tehri Garhwal for the offences stated in the earlier part of the judgment.

(3.) For the sake of clarity and proper appreciation it is worthwhile to state that post mortem over the dead body of the deceased Sohan Singh was conducted by Dr. J. P. Chamoli. P.W.5 on 13-5-1994 at 11 A.M. the deceased was aged about 18 years. The following ante mortem injuries were found on his person : 1. Multiple abrasions on the right side of neck in an area of 10 cm x 7 cm vertical direction oblique and vertical direction. Clotted blood present on the abrasions. 2. Multiple abrasions present on the left side of the neck in an area of 7 cm x 6 cm x 1 cm lateral midline and extending up to nostril. 3. Ligature mark is present all around the neck Breadth of 2.5 cms. Base is hard and parchment like. It is completely encircling the neck below thyroid cartilage. Thereafter multiple abrasions above and below the mark in anterior of neck. 4-5. Contusion 2.5 cms x 1 cm just below left eye on face. Rounded. On dissection it is deep up to muscle. 6. Abrasion in an area of 7 cms x 2 cms vertical direction on right side chest below axilla. 7. Abrasion in an area of 6 cms x 3 cms on right side chest in front. 8. Multiple abrasions on both forearms and dorsum of hands. Blood clots present on surface. 9. Multiple abrasions on both legs. Blood clots present on surface. 10. A contusion on the back in midline in an area of 2 cms x 1cm pinkish in colour. Hyoid bone's right corner was found broken.