RAJESHWARI DEVI ONKAR SINGH Vs. STATE OF UTTAR PRADESH
LAWS(SC)-1996-4-6
SUPREME COURT OF INDIA
Decided on April 19,1996

RAJESHWARI DEVI Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) The appellant Rajeshwari, in Criminal Appeal No. 38 of 1987 is the mother-in-law of the deceased. The first appellant Onkar Singh, in Criminal No. 534 of 1987 is the father-in- law of the deceased. The second appellant in that appeal, Santosh Singh is the husband of the deceased while Appellants 3 and 4 in that appeal Lallu Ram and Bandha are the servants of Onkar Singh. The deceased Sudha was married to Santosh Singh on or about 3/2/1982. She died of a gunshot injury c in the house of her husband on 22/11/1982 at around 12.30 noon. The village Chowkidar Rameshwar was sent by the accused to the parents of Sudha who reside in a different village. He reached the house of Sudha's parents around 4.30 p. m. and informed them that Sudha had committed suicide. He said that she was still alive and she was being taken to Hardoi Hospital. Accordingly, the entire family of Sudha went to Hardoi instead of to the village of the accused. They reached there at about 8. 00 p. m. They did not find Sudha there. Hence the brother of the deceased went to Village Samtharia where the accused reside on the following morning. On reaching their house he was told that his sister had died instantaneously the previous day and her body had been cremated the previous evening at 4. 00 p. m. The accused could not give any proper explanation why the cremation could not wait till the arrival of the family of Sudha.
(2.) Seven persons were tried before the Sessions court; Santosh Singh, Onkar Singh, Rajeshwari and Suman alias Guddi, the sister-in-law of the deceased, were charged under Section 302 read with Section 149, Section 147 and Section 201 of the Penal Code. The two domestic servants Lallu Ram and Bandha were tried under Section 201. One Mahipal Singh was also tried under Section 201. Rameshwar, the village Chowkidar was tried under Section 202. The Sessions court acquitted Suman, alias, Guddi, the sister-in- law of the deceased. It convicted the husband Santosh Singh and his parents Onkar Singh and Rajeshwari and sentenced them to life imprisonment under Section 302 read with Section 149 of the Indian Penal Code. They were also sentenced to 2 years' and 4 years' rigorous imprisonment under S. 147 and 201 respectively. The two domestic servants Lallu Ram and Bandha were convicted and sentenced to four years' rigorous imprisonment. Mahipal Singh was similarly sentenced under Section 201. Rameshwar, the village Chowkidar was convicted and sentenced to 6 months' rigorous imprisonment.
(3.) In appeal before the High court, the High court has convicted Santosh Singh under Section 302 and maintained his sentence of lifeimprisonment. Onkar Singh and Rajeshwari have been convicted under Section 302 read with Section 34, and the sentence of life imprisonment is maintained. The sentence under Section 201 is also maintained though their conviction under Section 147 is set aside. The conviction of Lallu Ram and Bandha has been maintained while Mahipal Singh has been acquitted. Rameshwar did not prefer any appeal and has served his sentence.;


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