RAKESH TIWARI, J. - (1.) HEARD Sri Anjani Kumar Dubey, counsel for the appellants, Ms. Usha Kiran, learned A.G.A. for the State, and perused the record.
(2.) BOTH the criminal appeals challenge the judgment and order dated 10.11.2004 passed by District & Sessions Judge, Kannauj in S.T. No. 295 of 2003, convicting and sentencing each of the appellant under section 302/34 I.P.C. with imprisonment for life, convicting and sentencing each one of them under section 498-A I.P.C. for 2 years R.I. and further convicting and sentencing them under section 201 I.P.C. for period of 3 years R.I. Since both the connected appeals emanate from the common judgment and are entwined by same facts and law, therefore, they have been heard together and are being decided by this judgment. The facts germane to the appeal and culled out from record, are that a written report dated 7.4.2003 was submitted by the complainant-Shital Prasad son of late Shiv Pal, R/O Village-Mahoi, P.S. & Tehsil-Derapur, District-Kanpur Dehat; that he had married his daughter Radha Devi (since deceased) to Deep Chandra in village-Goora, according to Hindu rites; that her in- laws were torturing her since the day of marriage regarding which his daughter had written letters addressed to him many a times narrating that her in-laws are pressurising her to bring Rs.50,000/- from her father; that when the complainant went to the house of the in-laws of his daughter, Deep Chandra, (husband), Ratan Lal (father-in-law), Smt. Munni Devi (mother- in-law) and Sanjai son of Ratan Lal, had beaten him asking him to go back. The complainant had thereafter come back to his house. It is stated in the written report that after 2-3 days, an unknown person informed the complainant by telephone at about 6.00 A.M. that his daughter has been killed by her in- laws. On hearing this, the complainant went to the house of the in-laws of his daughter where he was informed that dead body of his daughter has been taken for cremation at the Ghat. The complainant then went to the police station-Tirwa and informed the police which accompanied him towards Rajghat where dead body of his daughter was said to be cremated. However, it was found in the river near the Ghat; that the in-laws of the deceased on seeing police ran away. The complainant in the written report also prayed that since his daughter was being tortured by her in-laws since the day of her marriage, and ultimately she has been murdered, appropriate action may be taken against them.
(3.) AFTER submission of the written report, chick report was prepared and case was entered in the G.D. at about 19.00 hours on 7.4.2003 being registering Case Crime No. 198 of 2003, under section 302/34, 498-A, 201 IPC and under section 3/4 of Dowry Prohibition Act, in police station-Tirwa, District- Kannauj, against the accused namely, Deep Chandra son of Ratan Lal, Ratan Lal son of Chandrashekhar, Smt. Munni Devi (mother-in-law), Sanjai son of Ratan Lal and Smt. Santoshi Devi wife of Sanjai. The distance of police station from the place of occurrence was about 10 km. The investigation of the case was taken up by C.O. Tirwa, District-Kannauj.;