MOHD.FAIZ ALAM KHAN,J. - (1.) Heard learned counsel for the appellant and learned A.G.A. for the State and perused the record.
(2.) This criminal appeal has been filed by appellant- Phool Chandra under Section 374 (2) of the Code of Criminal Procedure against the judgment and order dated 09.11.2012 passed by Additional Session Judge, Court-8, Barabanki in Sessions Trial No.163 of 2011, "State Vs. Phool Chandra", arising out of Case Crime No.1634 of 2010, under Sections 498A, 306, 302 and 201 of I.P.C., Police Station Deva, District Barabanki, whereby the appellant has been convicted under Section 302, 201 and 498A of I.P.C. with fine stipulation. Brief facts which are necessary for the disposal of this appeal are that a written application on 27.10.2010 was given at 4:30 P.M. at Police Station - Kotwali Deva, District - Barabanki by Smt. Pushpa Devi stating therein that her daughter Neelam was married about 11 years ago to one Phool Chandra, R/o Village - Raindua Garhi, Police Station - Deva, District - Barabanki. Her husband, mother-in-law and father-in-law used to beat her and treat her with cruelty for demand of dowry for which she had filed a criminal case, however, a compromise was filed therein and Phool Chandra took her daughter with him after three days of Holi. Since then her daughter Neelam was living in her matrimonial home. Accused persons used to beat her on the pretext that she had subjected them to the process of Court. It was also stated that on 19.10.2010, Phool Chandra and others beat her daughter and also threatened her of dire consequences. The incident was seen by her relative Pyara Devi. On 24.10.2010 at about 11.30 A.M. Phool Chandra, Kalawati, Kandhai Lal, Sushil, Lallu and Shushma assaulted her daughter and threw her in Indira Canal and her dead body has been recovered from Police Station - Gosaiganj, Lucknow. It was further stated in the written application by Smt. Pushpa Devi that at the time of "Maar-Peet" her sister Pyara Devi and his son Munnu tried to intervene but they were also assaulted by the accused persons. The three daughters of the deceased, namely, Prachi, Ruchi and Pooja had also seen the incident and they had also been beaten by Phool Chandra.
(3.) On the basis of this written information, an F.I.R. (Exhibit ka-4) was registered as Case Crime No.1634 of 2010, under Sections- 498A and 304B at Police Station- Deva, District- Barabanki against the accused persons and entry of the substance of the application was also made in the General Diary (Exhibit ka-5). Investigation of the case was entrusted to the Circle Officer City, namely, Sri Dipendra Chaudhary. Prior to the above information made by Smt. Puspa Devi at Police Station- Deva, Barabanki, a Village Chowkidar of Charaiya Village, namely, Sardar Singh, when he was going to ease himself at Indira Canal, saw that the dead body of a woman had been trapped in the bushes and most of its part was in water. He informed the concerned police station, i.e., Gosaiganj on 27.10.2010 at about 3:10 P.M. and his information was registered in the General Diary of the police station. ;