- (1.) A. N. Dikshita, J. Appellants Biri Singh, Smt. Jai Devi and Ram Phal have filed this appeal being aggrieved against the judgment of the Special Judge, Agra dated 2-4-87 passed in S. T. No. 369 of 1985 convicting them under Section 302 read with Sections 34 and 498-A, I. P. C. arid sentencing them to death and 3 years' R, I. respectively.
(2.) BIRI Singh appellant is the son of Ram Phal appellant while Smt. Jai Devi is his mother (wife of Ram Phal ). Smt. Munni Devi (deceased) is the wife of BIRI Singh appellant. The prosecution story is that on account of non-payment of dowry all the appellants have committed the murder of Smt. Munni Devi (deceased) wife of Biri Singh, appellant by strangulating her in their house in village Salempur Dhankar on 10-7-85 at 2 p. m. The oral first information report was lodged by the Chandan Singh (P. W. 4) at P. S. Nibhora, district Agra on 1. 0-7-85 at 4. 30 p. m. The distance of the police station from the place of occurrence is about 3 miles. In the F. I. R. lodged by Chandan Singh (P. W. 4) on 10-7-85 at 4 p. m. it was stated that he is by caste a Thakur and is a resident of Nichakheda. Around 3 p. m. on 10-7-85 as he was preparing to go to a Sarangpur FAIR from his village, a boy from Salempur Dhankar came and informed him that Ram Phal Thakur of village Salempur Dhankar has killed his daughter-in-law Munni Devi. As his niece Baijanti is married to Nahar Singh elder son of appellant Ram Phal, he on hearing such news immediately went on cycle to Salempur Dhankar and reached the house of Ram Phal where he found the dead-body of Munni Devi. The body of Smt. Munni Devi bore injuries also. It has further been mentioned in the first information report that Smt. Munni Devi was married about a year back with Biri Singh so Ram Phal. The father of deceased Munni Devi is a teacher and is a resident of village Pharera, P. S. Bah, district Agra. After the perfor mance of the marriage, Muani Devi was brought to village Salempur Dhankar by Ram Phal and Biri Singh and then Ram Phal and Biri Singh demanded a dowry of Rs. 10,000 from the Master (father of Munni Devi ). The Master (father of deceased Munni Devi) after arranging Rs. 4000 had given it to them (appellant Ram Phal ). However, a balance of Rs. 6000 could not be given by the Master. It was on this account that Ram Phal and Bin Singh had not sent Smt. Munni Devi to her father's place and started beating her every day. It is further men tioned in the first information report that two months prior to the incident, Master (father of Munni Devi) went to the house of Ram Phal in village Salempur Dhankar. Ram Phal again demanded the balance of Rs. 6000 which was refused by Master (father of deceased Munni Devi) Provoked on such refusal Ram Phal ran to beat him with a shoe. It has further been mentioned that 20-25 days prior to this incident 13th day ceremoney of his (Chandan' Singh's) Mama was performed at his house in village Nichakheda where Munni Devi had come. At that time it is alleged in the first information report that Munni Devi had told the informant Chandan Singh that on account of such non-payment of the amount (balance of Rs. 6000) by her father. Biri Singh, her mother- in-law Jai Devi and her father-in-law Ram Phal gave her beating everyday. She told him (Chandan Singh) to convey this information 10 her father who may take her to his place otherwise these persons would kill her. In village Salempur Dhankar (when he reached on the information of the boy) people told him that around 2 O'clock Munni Devi was badly beaten by Biri Singh son of Ram Phal, Jai Devi wife of Ram Phal and Rum Phal son of Chhitar Prasad inside the house. The shrieks and cries of Manni Devi (deceased) were heard by the villagers. It is alleged in the first. information report that all the three (Biri Singh, Jai Devi and Ham Phal) join killed Munni Devi on account of the non-payment of the dowry. Bhagwan Singh, Kaptan Singh and Bharat Singh of village Salempur Dhankar, P. S. Nibroha, district Agra are the witnesses of the incident. The dead-body of Smt Munni Devi is lying inside the house. Lastly it has been alleged that Jai Devi and Ram Phal have run away from the house,
(3.) NECESSARY investigation ensued. The dead-body of (the deceased] Smt. Munni Devi was sent for post- mortem examination which was conducted by Dr. A. P. Agrawal (P. W. 1) on 11-7-85 at 4 p. m. The following ante-mortem external injuries were found on the person of the deceased : (1) A braded contusion 1 'x on right side of neck 1 cm outer to mid line on front 2 above the inner and of clavicle. (2) Contusion 2. 2 x l on left side of neck, 1. 2 outer to mid line on front 1 above the inner and of clavicle. (3) Contusion I X 1 on right palm. (4) Abrasion x on front of right knee. (5) Two contusions x on the posterior aspect of left knee 1 apart. (6) Abrasion -x on front of left knee. In the opinion of Dr. A. P. Agrawal (P. W. 7) the cause of death was asphyxia as a result of ante- mortem injuries.;