STATE OF UTTAR PRADESH Vs. BAL KISHAN DAS

JUDGEMENT

(1.) These three appeals have been heard together as they arise out of a common judgment rendered by the Rajasthan High Court disposing of three criminal appeals. Facts relevant for disposal of these appeals are as under.

(2.) Rama, (deceased) was the daughter of Shri S. S. Kela (PW-35) and Smt. Vimlawati (PW-33) of Kasganj, District Etah (U. P.). She held a post-graduate degree in Hindi literature and was active in games. On May 6, 1981 she was married to Suresh Narain of Saharanpur (U. P.) and since then she was living with her husband in the house of her in-laws at Mohalla Memaran (Khalapur) in Saharanpur.

(3.) In the following year (1982) the festival of Holi fell on March 9; and as, according to the custom prevalent in their community Rama could not celebrate the festival in the first year of her marriage in the house of her in-laws, her father came to fetch her. Her in-laws, however, did not permit her to go with her father but sent her to the house of her elder sister Smt. Malti Devi (PW-30), who was married to one Satish Kumar and was living in a neighbouring Mohalla. Rama, however, came back to her matrimonial home on the following day (March 10, 1982).