TRIDIP Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Dilip Kumar, Gujarati, was having two wives, namely Leelawati, and the deceased Usha. From the loins of Dilip Kumar and womb of Leelawati, two sons, namely Ashok and the present appellant Tridip @ Chhota and a daughter, Tara were born. The family of Leelawati i.e her two sons Ashok and Tridip @ Chhota and their respective wives namely Kalpana and the present appellant Varsha were staying on the first floor of the house at Dhanmandi, Ajmer. On the ground floor of the house, Dilip Kumar's second wife Usha and her two sons, namely Vikram and Manish, born from the loins of Dilip Kumar and womb of Usha, were staying. The appellant, Tridip @ Chhota is said to have murdered his stepmother, Usha by sharing common intention with his wife Varsha.

(2.) The court of Additional Sessions Judge (Fast Track) No.1, Ajmer, vide judgment dated 29.4.2005, convicted the appellant, Tridip @ Chhota for the offence under Section 302 IPC, for causing murder of his stepmother, Usha. Whereas, the trial court held the appellant, Varsha, the wife of Tridip @ Chhota guilty of offence under Section 201 IPC. By a separate order of even date, Tridip @ Chhota was sentenced for the offence under Section 302 IPC to undergo life imprisonment, and to pay a fine of Rs. 1,000/-, in default of payment of fine, to further undergo two months' R.I. Vasha was sentenced under Section 201 to undergo seven years' R.I. and to pay a fine of Rs. 500/-, in default of payment of fine, to further undergo one month's S.I.

(3.) Aggrieved by their conviction and sentence, both the appellants have filed two separate appeals. Tridip @ Chhota has filed D.B. Criminal Appeal No. 497/2005, whereas Varsha has instituted D.B. Criminal Appeal No. 428/2005. We shall decide both the appeals together by this common judgment.