- (1.) This criminal appeal is directed against the judgment and order of Vth Additional District and Sessions Judge, Etawah dated 28.02.1987 passed in Sessions Trial No. 206 of 1986. The accused appellants Jai Singh and Moti Lal have been convicted of an offence under Section 147 IPC, for which they have been sentenced to undergo rigorous imprisonment for one year, and for an offence under Section 302 IPC, for which they have been sentenced to undergo life imprisonment and to pay fine of Rs. 5,000/- each as also for an offence under Section 201 IPC to undergo rigorous imprisonment of 5 years and fine of Rs. 5,00/- each and lastly for the offence under Section 342 for which they have been sentenced to undergo rigorous imprisonment of one year. All the sentences have been directed to run concurrently.
(2.) We may also record that appellant Moti Lal was reported to have expired and accordingly his appeal was abated under order dated 26.08.2014. Therefore, for all practical purposes the appeal of Jai Singh only survives.
(3.) The prosecution story as reflected from the records is as follows:- A first information report was registered on 13th August, 1984 on 9.30 p.m. at police station-Basrehar, district-Etawah by one Sri Deshraj Singh Singh. It was stated in the first information report that the daughter of the informant, namely, Munni Devi was married nearly 3 years ago to Jai Singh in accordance with the Hindu rituals. Father of Munni Devi could not provide dowry as per the expectation of the husband and his family members, because of which the accused started maltreating Munni Devi. It was stated that Munni Devi had made specific complaint in that regard with the informant earlier. The informant had visited Mohabbatpur, the village where the in-laws used to reside. He explained to them that he is not in a position to provide steel utensils Almira and motorcycle. As and when money is collected, he shall do the needful. On this father-in-law, namely, Moti Lal informed that the marriage of his daughter namely Janeshwari Devi is to be performed in near future therefore steel utensils asked for be provided at the earliest, failing which they will not sent Munni Devi to her parents house. On this the informant called upon Rameshwar Dayal, who was the mediator in the marriage, along with other and informed them of what ever had taken place. The aforesaid persons intervened and insisted that in-laws must not harass Munni Devi nor they shall beat her, to which no satisfactory reply has been given by the in-laws. This had happened one months earlier. On 11th August, 1985 the informant had reached the village where her daughter was residing after marriage, namely Mohabbadpur to bring her home in view of forthcoming festival of Raksha Bandhan. He on reaching the place of residence of in-laws requested the fater-in-law to sent Munni Devi with him. On this father-in-law requested the informant to stay over night. The informant along with other residents of his village, namely Bhikhari Das and Hem Singh had dinner. Thereafter Munni Devi requested the informant to take her with him otherwise the in-laws would kill her, inasmuch as she was threatened everyday that the in-laws will see as to what extent her father makes abuse. After having dinner he lay on the cot outside the house. He discussed the problem with Ram Dayal, Raghunath and Mohan, the aforesaid persons left after consoling the informant. At around 1-1.30 hours in the night the informant could hear shrieks from inside the house. The informant along with Bhikhari and Hem Singh woke up and run inside the house. They could see that Jai Singh and Moti Lal were pressing the Lathi kept on the neck of Munni Devi, while Sheoram, mother-in-law and Janeshwari Devi were also holding her tight. On seeing the informant, they left Munni Devi, but by that time she had already expired. The accused pushed the informant and others into a room and closed the door from outside. Thereafter they took away the dead body of Munni Devi to unknown place. The informant was released only on 12th August, 1985 at around 12-1 p.m. and he has immediately come to police station to lodge the first information report, which was not registered and he was kept awaiting till 11 p.m. The informant thereafter came to Etawah and lodged the first information report, which was registered as Case Crime No. 118 of 1985 u/s 147/149/302/201/342 IPC and u/s 4 D.P. Act.;