Kanwaljit Singh Ahluwalia, J. - (1.) AGGRIEVED by their conviction and sentence, Devnarayan and his brother, Sumer Singh, and Bhagwanya, have instituted the present appeal, under Section 374 of Code of Criminal Procedure, 1973, in order to assail the impugned judgment dated 08.04.2005, rendered by the Additional Sessions Judge (Fast Track), Bandikui, District Dausa, whereby the appellants have been held guilty for offences punishable under Sections 302 and 201 of Indian Penal Code. However, the trial Court has acquitted the appellants, qua charge under Section 498 -A of Indian Penal Code, by extending benefit of doubt.
(2.) IN the instant case, Smt. Sheela, the daughter of Ramphool (PW -2), the first informant/complainant, was married with the appellant No. 1, Devnarayan, twelve -years ago prior to the occurrence. From the womb of Smt. Sheela and the loins of the appellant No. 1, Devnarayan, two daughters, namely Manisha and Dholli, aged about four -years and two -years respectively, were born. On 13.04.2004 Smt. Sheela along with her two daughters, namely Manisha and Dholli died, and were clandestinely cremated without informing the complainant Ramphool (PW -2), father of the deceased and other relatives of Smt. Sheela.
(3.) THE appellant No. 1, Devnarayan was tried for the murder of his wife Smt. Sheela and two daughters, namely Manisha and Dholli, aged about four -years and two years respectively.;