- (1.) R. K. Rastogi, J. This is an appeal against the judgment and order dated 7. 4. 1995 passed by Sri Riyajuddin then learned XIIIth Additional District and Ses sions Judge, Ghaziabad in Session Trial No. 627 of 1994 Stale v. Ram Chandra.
(2.) THE facts relevant for disposal of this appeal are that on 12. 8. 1994 at 3. 20 A. M. Sri Ninami Singh resident of Nai Basti, Sikandarabad, Bulandshahr lodged a FIR at P. S. Dhaulana, Ghaziabad with these allegations that the marriage of his daugh ter Surajwati had taken place with the ac cused Ram Chander resident of Mathurawali, P. S. Dhaulana, District Ghaziabad about 15 to 16 years ago and three daughters and one son were born out of this wedlock. THE age of the son was about five years. Surajwati along with her children was residing with Ninami Singh for the last four to five years. About two months ago, Ram Chandra came to his house and took his son Rahul with him stating that he was taking Rahul for treat ment. He returned back after eight days and disclosed that Rahul had died in an accident. Ninami Singh etc. had suspicion upon his statement so he made inquiries and came to know that Ram Chandra had developed illicit relations with a Punjabi lady. THEn Suraj Pal son of Ninami Singh lodged a report against Ram Chandra and in respect of the above incident. Ram Chandra remained in jail for about one month in that case. About seven days ear lier, Ramesh brother of Ram Chandra and Bhuri sister of Ram Chandra came to his house and took Surajwati with them. Ram Chandra was doing sewing work in Delhi. He had come to village Mathurawali from Delhi and on account of enmity of this fact that he had to remain in Jail, he started to beat Surajwati. On 11. 8. 1994 in the morn ing, Geeta daughter of Surajwati gave in formation to Satte resident of Mathurawali that Ram Chandra had beaten Surajwati and her condition was serious. On receiv ing this news Ram Das nephew of Ninami Singh went to Mathurawali and saw that Surajwati had injuries on her body and she was sighing. When he enquired from Ram Chandra in this regard. Ram Chandra re plied that it was their internal matter and so he should not interfere. THEn Ram Das returned back to his house at about 4. 00 P. M. leaving Surajwati at the house of Ram Chandra. THEreafter Har Pal and Mahesh resident of Mathurawali at about 9. 30 P. M. informed Banshi resident of Jainpur P. S. Kotwali Dehat, Bulanshahr that Surajwati had been murdered at about 6. 30 P. M. and Banshi communicated this news to Ninami Singh. THEn Banshi along with his family members and neighbours went to village Mathurawali on a Tractor. He saw that the dead body of Surajwati was being burnt in the graveyard (Marghat ). In this way Ram Chandra had murdered his wife Surajwati and had burnt her dead body. THEn he went to the police station and lodged the report. On the basis of the above report, the police registered a case under sections 302 and 201 IPC against accused and after investigation submitted a charge-sheet against him under sections 302 and 201 IPC. The accused appellant was charged under section 302 and 201 IPC. He pleaded not to be guilty and claimed to be tried. The prosecution produced Sri Satte as P. W. 1. He has stated that on 21. 8. 1994 he was present at his house and at about 8. 00 A. M. he hekrd a noise that Ram Chandra was beating his wife Sura jwati and on that noise, he went to the house of Surajwati. Then she came out and requested him to give information to her parents that they should come with the Pradhan of the village and some other per sons and should take her from that place. In the meantime. Ram Chandra also reached there and forcibly pulled her in side his house. He, further, stated that when Surajwati had come to him, she had been seriously injured and she was telling that Ram Chandra would kill her. He fur ther stated that Ram Chandra after taking Surajwati inside the house had again beaten her and when Ram Chandra was beating her, Mahesh had also reached there. Ram Chandra was beating her after closing the door of the house. Then he went to her parent's house at village Nai Basti, P. S. Bulandshahr and gave information of this incident to her parents and asked them to reach there very soon. He further stated that thereafter he returned back to village Mathurawali and then the villagers told him that Surajwati had died. Ram Chandra had also burnt her dead body by that time. He further stated that the family members of Surajwati reached the village after a lapse of two to three hours from the time of his arrival.
(3.) MAHESH has been examined exam ined as P. W. 2. He has stated that on 11. 8. 1994 he had heard cries from the house of Ram Chandra and then he went to that place and saw that the door was closed from inside and Surajwati was crying "mujhe Bachao" inside the house. He tried to get the door opened but Ram Chandra did not open the door. After a lapse of some time, Ram Chandra came out of the house and he suited that he had murdered his wife. Then he went inside the house of Ram Chandra and saw that there were a large number of injuries upon the face and legs of Surajwati and she had died. Then he started to go to her parent's house to give information of this incident but her father and others met him on the way. Then he returned back with them. But in the mean time. Ram Chandra had burnt the dead body of Surajwati. The prosecution produced Km. Geeta aged 13 years as P. W. 3 stated that about eight months ago her father had beaten her mother and after her death, he had burnt her dead body. She further stated that her father was doing sewing work in Delhi and he used to visit the house rarely. Hence, her mother along with her brother and sisters used to reside at the house of her maternal grand father at Nai Basti. Rahul was her brother. Her father had Rahul from Nai Basti for his treatment. Thereafter, her father returned back after a lapse of eight days; at that time Rahul was not with him and upon inquiries he told that Rahul had died in an accident. Then her maternal grand father had lodged the report against her father at P. S. Sikandara-bad. Thereafter, the police arrested her fa ther and sent him to Jail. Thereafter her father, her Bua Bhuri and uncle Ramesh came to her maternal grand father's house and took her mother and all the children with them to village Mathurawali. But his father started to beat her mother daily. On the date of incident, her father had seri ously beaten her mother after closing the door from inside. She was also inside the house. Somehow, she got an opportunity to come out of the house. Then she went to the house of Satte her neighbour and told him that her father was beating her mother and so he should give this information to her maternal grand father. Thereafter she returned back to her house; at that time also her father was beating her mother. Then after a lapse of two to three hours, Sri Ram Das came to her father's house and her mother narrated the same facts before him also. Then Ram Das had some talks with her father but her father replied that it was an internal matter and they would set tle it themselves. Thereafter in the after noon her father asked her to call a doctor. The doctor visited the house on her re quest. After examining her mother, the doctor informed that she had died. Then her father burnt the dead body of her mother even before the arrival of her ma ternal grand father. When her maternal grand father reached there, she narrated the entire incident before him. The police also reached there and she narrated the same incident before the police also.;