- (1.) M. M. Lal, J. This is an appeal against a judgment and order dated 16-4-1985 passed by Sri Dinesh Chandra, the then III Addl. Sessions Judge, Alla habad by which he has convicted the above named four appellants under Section 30234, I. P. C. and has sentenced each of them to undergo imprisonment for life.
(2.) SHREE Ram Sharma appellant is the father of Dinesh Kumar Sharma and Vijai Kumar Sharma appellants. Smt. Ram Dulari appellant is the wife of SHREE Ram Sharma appellant. All of them are residents of village Sarai Bahar P. S. Soraon, district Allahabad. Smt. Pan Kumari alias Bittan deceased was the daughter of P. W. 3 Brijesh Narain informant, who was residing at village Dhomai, P. S. Saini, district Allahabad. She was married to Dinesh Kumar Sharma appellant on 1st June, 1980. According to the case of the prosecution, soon after the aforesaid mar riage the appellants started harassing and torturing Smt. Pan Kumari deceased on the point of dowry. It is stated that five months prior to this murder Shree Ram Sharma appellant wrote a letter to Brijesh Narain informant that his daughter had expired. On receipt of the said letter Brijesh Narain informant, accopanied by his cousin P. W. 2 Krishna Dutt, went to village Sarai Bahar to find that Smt. Pan Kumari was very much alive They enquired about the matter from Shree Ram Sharma appellant, who told them that he had written the said letter only to harass them and also to see as to whether they would come on receipt of the said letter. Brijesh Narain informant brought his daughter, i. c. Smt. Pan Kumari, along with him. Later on after 2-3 months Shree Ram Sharma appellant came to village Dhomai and after promising that he would not repeat the mistake in future took away Smt. Pan Kumari deceased.
(3.) IT is further the case of the prosecution that on the night of 2930 March, 1982 at about 10-11 p. m. all the four appellants by selling Smt Pan Kumari ablaze committed her murder. She expired on the same night at about 2 a. m. Sri Brijesh Narain informant gave an application dated 31-3-1982 to S. P. (R) Allahabad in which he narrated the retire incident. S. P. (R) Allahabad forwarded the said application on 1-4-1982 to S. O. Soraon directing him to register this case, on which this case was registered on 1-4- 1982 at 7. 10 p. m. In support of its case the prosecution examined nine witnesses. P. W. 3 Brijesh Narain informant is the father of Smt. Pan Kumari deceased. P. W. 2 Krishna Dutt is his cousin. Both of them have deposed about the relationship of the appellants and the manner in which they used to harass and torture Smt. Pan Kumari. P. W. I Ram Chandra Vishwakarma and P. W, 4 Phool Chandra did not support the prosecution and turned out to be hostile. P. W. 5 Ram Saran Singh had prepared the chick report and had registered the case etc. The investi gation of this case was started by P. W. 6 Sada Nand and was completed by P. W. 7 Arjun Singh.;