K.K.MISRA, J. - (1.) THE present appeal arises out of the judgment and order dated 24 -10 -81 passed by Sri K.K. Srivastava, IV Additional Sessions Judge, Fatehpur in S.T. No. 549 of 1980, convicting the appellants Dwarika Prasad and Ramadhar Pandey under Section 302 I.P.C. read with Section 34 I.P.C. and sentencing them thereunder to life imprisonment. Both the appellants were further convicted under Section 201 I.P.C. and sentenced to undergo five years' R.I. Both the sentences were ordered to run concurrently. Both the accused appellants are real brothers.
(2.) AT the outset, it is made clear that in the above noted case F.I.R. lodged by the complainant P.W. 5 Babu Lal was not accepted by the police. He had to make an application to Superintendent of Police and in that application which is Ex Ka -2 he, inter alia, stated that he had given the threatening letter of his son -in -law (accused Ramadhar Pandey) dated 16th June received by him on 29th June to the Investigating Officer on 13th July, 1980 which purposely he did not place on record and this prejudiced the prosecution case. The prosecution case, as emerged during trial was as follows. The deceased Smt. Chanda Devi daughter of P.W. 5 Babu Lal was married with accused -appellant Ramadhar Pandey four years prior to the incident. The accused -appellant Ramadhar Pandey was a teacher at Varanasi. The treatment of accused Ramadhar Pandey towards his wife Smt. Chanda Devi, deceased, was harsh and she was being ill -treated by him who was said to be involved in love affair with some other girl. P.W. 5 Babu Lal also received a letter from the accused Ramadhar Pandey sent to him from Varanasi intimating him about the evil consequences to be suffered by his daughter Smt. Chanda Devi. P.W. 5 Babu Lal had gone for the Bidai of his daughter on 4 -7 -1980 but his son -in -law, Ramadhar Pandey accused refused to send his wife Smt. Chanda Devi with his father -in -law. P.W. 5 Babu Lal, Smt. Chanda Devi was allegedly murdered by strangulation on 11 -7 -1980 at about 4.00 a.m. at the house of the accused persons. A report Ext Ka -13 was sent by the accused Dwarika Prasad to the S.O. of P.S. Khaga wherein it was mentioned that the deceased was preparing tea on Stove on 11 -7 -1980 at 4.00 a.m. as the accused appellant Ramadhar Pandey was to leave for Varanasi in the early morning. She was wearing Terricot Sari. Her Sari caught fire and she started burning. Smt. Chanda Devi cried for help. Nobody was present there at that time as his brother Ramadhar Pandey had gone to ease himself. By the time Ramadhar Pandey returned after easing himself, Smt. Chanda Devi had died after receiving burn injuries and her dead body was lying inside the room. It was also mentioned that at that time he himself (Dwarika Prasad accused) was lying outside the door of the house and his wife Smt. Shakuntala as also his mother Smt. Raj Kumari had also at that time gone out to ease themselves. On receiving the information, P.W. 7 Sri Lal Singh Chandel, S.I. proceeded to the place of incident with constables. He found the dead body inside a room of the house of the accused persons. He prepared inquest report of the dead body and after completion of necessary formalities sent it for post mortem.
(3.) THE post -mortem examination on the dead body of Smt. Chanda Devi was done by P.W. 4 Dr. J.S. Rai, on 12 -7 -80 at 2.30 p.m. He assessed the age of the deceased about 22 years and found that about 1 -1/2 days had passed since she died. He found the following ante mortem injuries on her body: 1. Contusion 4 3/4" x 3", front and side of middle part of neck. Extravasation of blood underneath. 2. Contusion 4 1/2" x 2 3/4", front of right shoulder joint and upper arm. 3. Contusion 4 1/2" x 1/2", around the upper part of the right leg, just below the right knee joint. 4. Contusion 2" x 1", left side of head, 1 1/2" above left ear.;