- (1.) These appeals arise out of the same judgment and orders dated 25.1.2008/3.4.2008 passed in Sessions Trial No. 374 of 2006 [State Vs. Padma and others] & S.T. No. 374A of 2006 [State Vs. Hardwari], they have been heard together and decided by a common order.
(2.) In the aforesaid appeals the appellants Hardwari and Vinod have been convicted and sentenced as under: U/s 302/34 IPC : Life Imprisonment with fine of Rs.5,000/- each : In default of payment of fine two months' SI. U/s 376 IPC : Ten years' RI with fine of Rs.2,000/- each. : In default of payment of fine one month's SI. U/s 404 IPC : Six months' RI with fine of Rs.1,000/- each. : In default of payment of fine fifteen day's SI. 2. The facts of the prosecution case may be summarized as under: That on 03.11.2005 at 8.40 PM Smt. Kamla Devi gave a written report at police station Gola, District Lakhimpur Kheri stating therein that her daughter Rama Devi aged 18 years used to work as Dayee in the village. That day she along with her two younger brothers Ram Niwas and Ram Kishore had gone to the house of Kundan at 10.00 AM. While she was returning in front of sugarcane field of Raja Ram, accused Padma came out of that field and dragged her into the field, Rama Devi started to shout but her both brothers being of tender age became afraid and came running to the house. At that time she had gone to graze her pigs, at about 1.00 PM she returned and came to know about the incident from her sons. Immediately she had gone to the spot with her sons and saw that dead body of her daughter was lying in the sugarcane field, in her neck her Saree was tied. Padma in order to commit rape with her daughter had dragged her into the sugarcane field and on raising protest murdered her.
(3.) At this chick FIR was scribed, Case Crime No. 968 of 2005 under Sections 302, 376 IPC was registerd and requisite entry was made in the report of the general diary. The investigation was taken over by Station House Officer P.K. Shukla, who after investigation submitted the charge-sheet against the present appellants and co-accused Padma.;