Amar Saran, Ramesh Sinha, JJ. - (1.) CRIMINAL Appeal No. 4639 of 2003 has been preferred by appellant Chandra Shekhar. The connected Criminal Appeal No. 4236 of 2003 has also been preferred by appellants Chandra Shekhar along -with Smt. Ramawati Devi, mother of Chandra Shekhar. Sri Kamal Kumar Singh has already appeared for the appellant Chandra Shekhar. He also filed his appearance slip in Criminal Appeal No. 4236 of 2003 today for representing Smt. Ramawati Devi. It appears that due to some mistake two appeals have been filed by Chandra Shekhar. Learned Counsel for the appellants is permitted to delete the name of Chandra Shekhar from Criminal Appeal No. 4236 of 2003. Appellant Chandra Shekhar is in jail in Criminal Appeal No. 4639 of 2003, but Smt. Ramawati Devi is on bail. As a matter of fact appellant Chandra Shekhar has been in jail during trial and he was never granted bail.
(2.) THESE appeals arise out of the judgment of the Additional Sessions Judge/Fast Track -Ist, Azamgarh in S.T. No. 111 of 2002 dated 27.8.2003. By this judgment the appellant Chandra Shekhar has been convicted for life imprisonment under section 304 -B and Smt. Ramawati Devi has been sentenced to eight years rigorous imprisonment under the same provision. Both the appellants were convicted under section 498 -A for two years rigorous imprisonment and fines of Rs. 1,000/ - each. Both the appellants were further convicted under section 3/4 D.P. Act for one year rigorous imprisonment and fines of Rs. 2,000/ -each. In case of non -payment of fine, they were to undergo three months additional simple imprisonment. The sentences were to run concurrently. Briefly the prosecution case was that the deceased Smt. Rema Devi had married Chandra Shekhar two years prior to the incident. The informant Doodhnath who is the father of the deceased had done the 'Bidai' of Smt. Rema Devi nine months earlier as she was living in her 'Sasural' at Kamhanpur and she was being harassed for dowry by the two appellants. About 20 days earlier the informant had asked for her 'Bidai', but the appellants had not agreed. On 4.8.2001 the informant had learnt that the appellants had made Rema Devi disappear. He had visited village Kamhanpur, but could not find Rema Devi or her Sasuralwalas (in laws). The neighbouring women and children of the village had revealed that Rema's Sari, slippers and torch were found on the river bank. The informant was suspecting that the appellants had murdered Rema and thrown her body in the river. As the Police had not taken any action on the report, the informant had submitted an application to the S.S.P. Azamgarh on 7.8.2001 and on the orders of the CO. the report was registered on 14.8.2001 as Crime No. 250/2001, under sections 498 -A and 304 -B I.P.C. P.S. Kandharpur, District Azamgarh. The report was taken down by P.W. -6 Sharda Prasad and the G.D. entry was made by Brij Nath Dubey. P.W. -8 Constable Jitendra Singh who was on Patrolling Duty in Village Berma had learnt from the Chowkidar that on 8.8.2001 an unknown body had been found on the bank of the Tons river in Village Jameen Pahi, P.S. Jiyanpur. He along with H.C.P. Ram Dayal Yadav P.W -5 recorded this information on 06:10 A.M. in the G.D. at P.S. Jiyanpur and thereafter they conducted the inquest. He completed the inquest and chalans and sent the dead body for postmortem. The informant Doodhnath was present at the time of inquest and identified the dead body to be that of Smt. Rema Devi. P.W. -7 C.O. Chandrama Singh started investigation of the case on 15.08.2001. He collected all the papers, made a spot inspection on 16.8.2001, prepared the site plan, recorded the statements of the witnesses Ram Chandra, Bhola etc. in the case diary and made a search for the accused. On 8.9.2001 he recorded the statement of accused Smt. Ramawati Devi and Chandra Shekhar and after completing all the formalities of the investigation submitted the charge -sheet.
(3.) AUTOPSY on the dead body was conducted by P.W. -4 Dr. M.K. Gupta on 08.08.2001 at about 04:00 P.M. and according to him the age of the deceased was about 24 years and she had died 4 -5 days earlier. External Examination: - - The dead body was bloated & foul smelling. Right eye ball was absent. Left eye ball was protruding out. The Skin had peeled off all over the body. Muscle & soft tissue of abdomen, perennial region, both lower limbs were absent, due to being eaten by animals. Skin of both hands were wrinkled and easily pulled out. Internal viscera of thorax and abdomen were absent. Rigor mortis was absent, maggots of one inch size were crawling on the body. Scalp hair were absent. Scalp sutures were loose. Ante -mortem injury: - - No external injury was seen over body due to putrefaction. On opening Larnyx and trachea, oropharynx were covered with muddy particles and green coloured particles. Internal examination: - - Scalp and Skull absent, Membranes shrunken, Brain liquefied, Base fracture loose, Pleura absent, Larynx, trachea and bronchi -absent, Left and Right lung absent, Pericardium -absent, Contents -absent, Small intestine, large intestine -Absent, Rectum -Absent, gall bladder -Absent, pancreas -Absent, spleen -Absent, both kidneys -Absent, Urinary Bladder -Absent. Uterus ruptured due to being eaten by animals partially. One piece of cloth i.e. Blouse and Petticoat and a steel bangle was found on the dead body. Cause of death - -Asphyxia as a result of muddy particles present in trachea, Larynx, oropharynges.;