M. M. Lal, J. - (1.) THIS is an appeal against a judgment and order dated 10-2-1978 passed by Sri Ramji Lal, the then I Addl. Sessions Judge, Etah by which he has convicted all the four appellants under sections 302/34 IPO and has sentenced each of them to undergo imprisonment for life.
(2.) SMT Rani Devi was the daughter of PW 2 Parshadi Lal complainant and was married to Ram Khilari appellant. Kirpal Singh appellant is the elder brother of Ram Khilari appellant. SMT. Joja alias Chameli appellant is the wife of said Kripal Singh appellant. SMT. Jethi alias Bataso appellant is the mother of Ram Khilari and Kirpal Singh appellants. The marriage of Smt. Rani Devi with Ram Khilari appellant took place in the month of April 1974. It is said that even at the time of the marriage a dispute had occurred on the question of dowry but some how the matter was settled at that time. However, Smt Rani Devi was not treated well by her-in-laws and in the month of September 1974 her husband Ram Khilari appellant came to Etah and left her at the house of her father Parshadi Lal complainant. During her stay Smt. Rani Devi deceased told her father that she was being harassed by her husband, who had illicit relations with another girl named Mithlesh Kumari, daugher of Master Ishwari Prasad, studying at Jalesar. Smt. Rani Devi stayed with her parents for about five months but during the said period none caaie to fetch her from the side of her in laws. Ultimately in the month of February 1975 Parshadi Lal complainant, along with some of his relatives, went to village Pasiapur, where the appellants were residing, and collected a panchayat, where the appellants agreed not to harass Smt. Rani Devi in future and also promised to bring Smt. Rani Devi to their house. In purusance of the same Smt. Rani Devi was taken to her-in-laws place in February 1975. However, shortly thereafter Parshadi Lal complainant received a letter dated 19-2-1975 from Ram Khilari appellant to the effect that be was not prepared to keep Smt. Rani Devi in the house and that he would marry the daughter of Master Ishwari Prasad and that therefore, he should take away Smt. Rani Devi because otherwise he would not be responsible for her life. Subsequently Parshadi Lal complainant received a letter from his daughter, i. e. Smt. Rani Devi, in which she also wrote that her husband wanted to marry the aforesaid Mithlesh Kumari that her life was in danger and that she should, therefore, be taken away. It is further the case of the prosecution that on 18-3-1975 one Shanti came to the house of the complainant to inform that the condition of Smt. Rani Devi was serious on which Parshadi Lal complainant, along with his brother-in-law Sri Har Prasad PW 8, went to village Pasiapur where they found Smt Rani Devi lying gravely ill. At that time Smt. Rani Devi informed her father about her ill treatment and the giving of poison to her by the appellants. Parshadi Lal complainant and Har Prasad PW 8 requested the appellants to call a doctor but to no avail. Smt. Rani Devi expired on 19-3-1975 at 5.30 p. m. Parshadi Lal PW 2 then went to Police Station Jalesar where he lodged the report of the incident on 20-3-1975 in the morning. When the police did not take any action Parshadi Lal PW 2 filed a complaint in the court of Chief Judicial Magistrate, Etah on 14-7-1975, on which this case started.
(3.) IN support of its case the prosecution examined PW 2 Parshadi Lal and his brother-in-law PW 8 Har Prasad who deposed about the harassment of Smt. Rani Devi, receipt of letters and their visit to the house of the appellants to find Rani Devi lying ill and her subsequent death etc. PW 1 Sheo Swarup Kulshrestha is the clerk in the office of Supdt. of District Hospital, Etah and PW 6 K. P. Singh Yadav is the then compounder of the Police Hospital, Etah. They deposed about the sending of the viscera to the Chemical examiner. PW 3 Sadhu Ram was examined to depose that Ram Khilari appellant had once come to him to get the letter written from him. PW 4 constable Ramvir Singh had taken the dead body of Smt. Rani Devi for post mortem examination. PW 5 Mahesh Prakash, a court reader, was a formal witness. PW 7 Brahma Shankar Saxena deposed about the performance of the marriage of Smt. Rani Devi with Ram Khilari appellant and some dispute about th? dowry at that time. PW 9 Siya Ram Gangwar was examined to prove the panchnama of the dead body of Smt. Rani Devi prepared by Gauri Shanker SI. The viscera was sent for chemical examination and the Chemcial examiner on chemical examination found poison of Zinc Phosphide in the same.;