Ravindra Nath Mishra, J. - (1.) This Criminal Appeal has been directed against judgment and order dated 10.08.1992 passed by Additional Sessions Judge, Rae Bareli in Sessions Trial No. 231 of 1998 titled as State Vs. Swami Prasad and others, under Sections 498A, 302 read with Section 34, 304B and 201 I.P.C., Police Station Jagatpur, District Rae Bareli.
(2.) The appellants were tried for offences under Sections 498A, 302 I.P.C. read with Section 34, 304B and 201 I.P.C. and after hearing both the parties, learned Additional Sessions Judge, Rae Bareli convicted the appellants-accused for the offence under Section 304 B I.P.C., whereby appellant-accused Swami Prasad, Arun Kumar and Smt. Soorajwati were convicted and sentenced to rigorous imprisonment for seven years, whereas learned Additional Sessions Judge acquitted accused Anjani Kumar Pandey son of Chhote Lal Pandey of charges under Sections 498A and 304 B I.P.C.. Learned Additional Sessions Judge has also acquitted the appellants-accused of the charge under Section 498A I.P.C.
(3.) Factual matrix of the case in brief are that appellants-accused Swami Prasad gave an information to Police Station Jagatpur on 28.04.1988 that his son Arun Kumar was married with one Smt. Mamta Devi daughter of Hartalika Dutt Shastri Resident of Village Asothar, District Fatehpur before two years back. In the evening of 27.04.1988 his daughter-in-law Smt. Mamda Devi was sleeping in her room after taking meals, but in the morning of 28.04.1988 when door of her room was not opened, the accused tried to get open the door, but no response was received from inside the room, so accused persons took out some of the bricks from the side of door of the room and entered into the room where he found his daughter-in-law hanging from the ceiling iron rod with the help of rope wrapping "duppata" in her nose and mouth, the door was bolted from inside. On the request of appellant-accused Swami Prasad the information was entered in the General Diary of Police Station. On receipt of above information Sub Inspector Shiv Narain Singh reached the place of occurrence, where he also found Smt. Mamta Devi hanging from the ceiling and some bricks were taken out from the side wall of the door. The inquest report was prepared in presence of the witnesses. The Investigating Officer after making the formalities sent the dead body for autopsy.;