- (1.) BARKAT Ali Zaidi, J. Since both the aforenoted appeals arise from the same occurrence and the same judgment passed in S. T. No. 359 of 2004 in State v. Sunil Jaiswal and Ors. , by Additional Sessions Judge (Court No. 3), Varanasi on 3-6-2005, they have been heard together.
(2.) THE appellants were charged under Sections 302 and 498-A I. P. C. and under Sections 3/4, D. P. Act and holding them guilty, the Trial Sessions Judge sentenced them for imprisonment for life and to pay a fine of Rs. 25,000/- each under Section 302, I. P. C. to undergo a term of three years rigorous imprisonment and to pay a fine of Rs. 5,000/-each under Section 498-A, I. P. C, and to undergo a term of one year rigorous imprisonment and to pay a fine of Rs. 2,000/- each under Sections 3/4, D. P. Act and in default of payment of fine to further undergo a term of one year, six and two months imprisonment respectively and the sentences to run concurrently. A lady Neetu Jaiswal aged 28 years with her two daughters Km. Palak aged about 7 years and Km. Charu aged about two years, married to the appellant Sunil Kumar Jaiswal were found dead in the house No. C-K-65/265 of the appellants accused within the area of P. S. Chowk, district Varanasi. The lady and her daughter Palak were strangulated as will appear from post-mortem reports (Ex. Ka-16 and 17), which mention their cause of death as Asphyxia. Kr. Charu was smothered to death. Her post-mortem report (Ex. Ka- 18) mentions her cause of death also as 'asphyxia'. The F. I. R. (Ex. Ka-8) of the incident was lodged by P. W. 1 Subhash Jaiswal, father of the deceased lady on 20-12-2003 at 2. 00 noon. It is mentioned in the F. I. R. that the in laws of the deceased lady Kalyani Jaiswal and Smt. Madhuri, husband Sunil, husband's brother Sanjay and sister Km. Babita (accused) were not satisfied with what was given in marriage, and there was a specific demand of Rs. 1,50,000. It was further mentioned that the lady was subjected to torture by the accused for fulfilling the demand of additional dowry. All the five accused are said to have killed the lady and her two daughters in order to show that they committed suicide, they hanged the dead bodies from a ceiling fan. The accused Sunil informed him on phone on 18-12-2003 at 10. 30 p. m. at Ramanuganj that Neetu with her two daughters committed suicide by hanging herself alongwith daughters from the ceiling fan. It was specifically stated in the F. I. R. that the accused were the killers of the lady and her two daughters. On basis of this report P. W. 6 Head Constable Mangal Ram instituted a case crime vide chik, Ex. Ka-14, under Sections 498-A, 302 and 201, I. P. C. read with Sections 3/4, D. P. Act, against the accused.
(3.) PRIOR to the lodging of this report accused Sunil Kumar Jaiswal also presented a written report Ex. Ka-1 on 18-12-2003 at 11. 45 p. m. at P. S. Chowk Varanasi informing the Police about the death of his wife and two daughters by committing suicide, by hanging with the help of a Sari from a ceiling fan by putting a stool underneath. He mentioned in the report that on telephonic information given to him on his shop by his sister Babita at about 7. 25 p. m. that his wife was inside the room of upper storey and the doors were closed from inside and she was not responding, he came to the house and through the neighboring roof, when he entered the room, he saw his wife Neetu and daughters Palak and Charu hanging from a ceiling fan. He took them to the doctor, who after their examination found them dead. He informed her in laws on phone and had come to the police station to lodge the report, PW-4 constable Moharrir Ram Keval Pandey made an entry Ex. Ka-13 in G. D. on 18-12-2003 at 11. 45 p. m. and informed the Authorities regarding the incident. Sri Brij Bihar Pandey PW-8 City Magistrate, Varanasi with S. I. Samarjeet Singh incharge Pyari Chowki Bari Pyari on receiving massage on 14-12-2003 arrived at the spot at 11. 15 a. m. and in presence of Panchas including the father of the deceased lady got prepared inquest of Neetu Ex. Ka-5, Km. Palak Ex. Ka-6 and Kr. Charu Ex. Ka-7 and with requisite papers the Sub-Inspector sent the dead bodies for post- mortem.;