SHEKHAR KUMAR YADAV,J. - (1.) This jail appeal arises out of impugned judgment and order dated 31.10.2005 passed by Additional Sessions Judge/F.T.C., Court No.2, Gorakhpur in Sessions Trial No.76 of 2004, convicting the appellant under Sections 364, 302/34 and 201 of IPC and sentencing him to undergo ten years rigorous imprisonment under Section 364 of IPC, with a fine of Rs.1,000/-; imprisonment for life under Section 302/34 of IPC, with a fine of Rs.5,000/-; and five years rigorous imprisonment under Section 201 of IPC, with a fine of Rs.1,000/-, in default thereof, one years' simple imprisonment. All sentences shall run concurrently.
(2.) The facts, in brief, are that on 23.09.2003, complainant Sri Ram Chandar submitted a written report (Ex. Ka.1) at Police Station Campiyar Ganj, Gorakhpur. The contents of the written report read as under: 'Humbly informed that the applicant Ram Chandar Kevat S/o Hansraj is the resident of Vill-Laxmi (page torn) La-Patarki, P.S.-Campiyar Ganj, Dist: Gorukhpur. The applicant was married around 6 years ago with Dhanpati @ Jhinki D/o Sheshman S/o Vindhyachal, Vill-Dharampur, Tola-Sikandarpur, P.S.-Campiyar Ganj, Dist: Gorukhpur, who was blind with both eyes. Around 2 months ago, I left my wife and both sons in my in-law's house. A day before yesterday, when I went to my in-law's house, my father-in-law told that 'Your elder son was not well, your wife Dhanpati, in order to get him treated, went along with Kawalwasi W/o Raj Kumar R/o Janakpur Tola- Karathari with both sons who were aged around 5 years and 1 year respectively' to Ramchaura around 15-20 days ago, and have not come back to home till date. Then I started looking for them. But nothing could be find out till now. My Sadhuvain (sister-in-law) Kawalwasi is of unsound mind. I have apprehension that Kawalwasi may have killed my wife and both sons. My report may kindly be lodged and legal action be taken up.' (English translation by Court)
(3.) On the basis of aforesaid written report, a First Information Report (Ex. Ka.3) was registered as Crime No.298 of 2003 contemplating offences punishable under Section 364 of IPC against co-accused Smt. Kawalwasi w/o Raj Kumar and during investigation, accused Raj Kumar came in light and they have made confessional statement about the death of deceased persons, therefore, Sections 302 and 201 of IPC were added.;