GHANDIKOTA SRI DEVI,J. - (1.) These appeals have been preferred against the the judgment and order dated 25.06.1985 passed by the learned IVth Additional Sessions Judge, Fatehpur whereby the accused-appellants Brij Lal Verma, Ram Raj, Smt. Vimla Devi and Smt. Maharani were convicted under Sections 302/34 I.P.C. and sentenced to under go imprisonment for life in Session Trial No. 325 of 1985 (State Versus Brij Lal and others), P.S. Bindki, District-Fatehpur.
(2.) Briefly stated, the prosecution case is as under: The accused-appellant, Brij Lal is the elder brother of accused-appellant, Ram Raj. Accused-appellant, Smt. Vimla Devi is the wife of appellant, Brij Lal Verma. Accused-appellant, Smt. Maharani is the mother of both Brij Lal and Ram Raj. Ayodhya Prasad was the father of accused-appellant, Brij Lal and Ram Raj, however, he died during the course of investigation of the case. All the appellants are the residents of village Kamrapur, P.S. Bindki, District-Fatehpur. The deceased Maya Devi was the daughter of complainant Devi Charan, who is the resident of village Ninora, P.S. Jahanabad, District-Fatehpur. The deceased Maya Devi was married to accused Ram Raj on 9.5.1984 at village Kamrapur. The marriage was solemnized through settlement and for settlement of marriage, the complainant Devi Charan, Ganga Ram, Babu Lal and Ram Dhani had gone to village Kamrapur and where Sukhnandan, Keshan Lal and Mishri Lal of village Kamrapur had also participated in the said settlement. According to the prosecution case, the appellant Brij Lal and his deceased father Ayodhya Prasad demanded a sum of Rs. 14000/- towards dowry from the complainant and when the complainant Devi Charan expressed his inability to pay such a huge amount, the gentlemen who were present in the settlement had intervened and accordingly the amount was fixed to the tune of Rs. 9975/-. In lieu of the settlement, the complainant had paid the entire amount in cash at the time of marriage and also given some articles. Apart from cash and articles, he had also given ornaments to his daughter Smt. Maya Devi. After the marriage, the deceased Maya Devi had gone to her matrimonial house, she stayed there for about 20-22 days and when she came back to her parental house, she informed to her father that there was a loan on the tube-well and the society over her father-in-law because of which her mother-in-law, father-in-law and their sons used to say that as the marriage was settled at Rs. 14,000/-, if the remaining amount of Rs. 4000/- would not be paid to them, they would kill her and perform another marriage to accused Ram Raj. The accused Smt. Vimla Devi wanted half share in the ornaments which she received from her parents at the time of marriage. The accused Brij Lal and others, few days before the occurrence sent a letter through a Barbar for sending the deceased Maya Devi to their matrimonial house. When the deceased Maya Devi did not go to her matrimonial house, the accused Brij Lal had gone to village of the complainant and demanded Rs. 4000/- from him as the balance of dowry amount. On being refused by the complainant, the accused Brij Lal threatened to realize the said amount and stated to the complainant that he had paid only Rs. 9975/- as dowry and he would have to pay the balance of Rs. 4000/- failing which, his daughter would not be allowed to live and he would perform remarriage of the accused Ram Raj.
(3.) On the intervening night of 29/30.4.1985 the accused-appellant, Brij Lal, Ram Raj, Smt. Vimla Devi and the parents of Brij Lal with the common object had killed his daughter Maya Devi. The information about the death of Maya Devi was given to him on 30.04.1985 at about 6.00 A.M. by one Keshan Lal son of Kallu, resident of village Kamrapur, P.S. Bindki, District-Fatehpur. On getting the information, the complainant and his family members reached village Kamrapur and found the dead body of Maya Devi in the house of Ayodhya Prasad, however the accused were not present at their house. Thereafter the complainant went to Bindki Police Station by a tempo got the written report scribed by one Gopal Prasad, resident of village Shahjahanpur at the Lalauli crossing and submitted the same to the police station Bindki on 30.04.1985 at about 7.45 A.M. On the basis of written report, a check FIR was prepared by Head Moharrir Lalta Prasad and Crime Case No. 92 of 1985 under section 302/498-A I.P.C. and section 3 of the Dowry Prohibition Act was registered and relevant entries were made in the general diary.;