The main legal point established in the judgment is the affirmation of the conviction and sentence of accused-appellant Raghuraj for offences under Sections 498-A, 302/34, 201 IPC, based on credible evidence including recovery of the dead body and extra judicial confession.

JUDGMENT :

Om Prakash-VII, J.

1. Both the above mentioned jail appeals, which arise out of same judgment and order dated 17.12.2007 passed by Additional Sessions Judge, Fast Track Court No.4, Fatehpur were heard together and both are being decided by this common judgment.

2. Jail Appeal No.839 of 2008 has been preferred by appellant Smt. Pachauri and Jail Appeal No.176 of 2009 has been preferred by appellant Raghuraj against the same judgment and order dated 17.12.2007 passed by Additional Sessions Judge, Fast Track Court No.4, Fatehpur in Sessions Trial No.706 of 2006 (State Versus Raghuraj and Others) convicting and sentencing appellants Smt. Pachauri and Raghuraj for offence under Section 498-A IPC to undergo imprisonment for two years and a fine of Rs.500/-each and in default of payment of fine, appellants have to further undergo one month additional imprisonment; for offence under Section 302/34 IPC, both appellants were awarded imprisonment for life and a fine of Rs.2000/-and in default of payment of fine, they have to further undergo three months additional imprisonment and for offence under Section 201 IPC both appellants were sentenced to three years rigorous imprisonment and a fine of Rs.500/-and in default of payment of fine, both convicts have to further undergo one month additional imprisonment. All sentences were directed to run concurrently. Accused Ram Khelawan (brother-in-law of deceased) was acquitted by the Trial Court vide impugned judgment and order.

3. Prosecution story, in brief, as unfolded in written report (Ex.Ka.-1) moved by informant Dunna (P.W.1), father of deceased, is as follows :

4. Informant Dhunna son of Dularey is resident of Village Babhanpurwa, Majrey Sakhiyaon, Police Station Thariyaon, District Fatehpur. He performed marriage of his daughter namely, Sushila with Jaswant son Raghuraj Pasi resident of Chandpur Majrey Sanwat, P.S. Khaga, District Fatehpur 14 -15 years back. Her husband Jaswant, father-in-law Raghuraj and mother-in-law Smt. Pachauri started harassing and torturing to her. Son-in-law of Raghuraj namely Ram Khelawan also supported them in causing cruelty and harassment to her. She came back to her parental house 5 -6 years back due to cruelty and harassment caused on part of accused-persons and filed petition for maintenance in the Court against her husband in which specific direction was given to pay the maintenance. It is further mentioned that 7 -8 months ago, Jaswant, husband of Sushila, came to the house of informant and took back Sushila to his house on giving assurance. Thereafter, again they started harassing and torturing her. Daughter of informant again came to the house of informant around 15 days back due to maltreatment caused on part of accused. Again her husband Jaswant came to the house of informant and on 28.06.2006 giving assurance and pacifying the matter took her back to his house. In the evening of 06.07.2006, one Buddha Sahu belonging to Village Chandpur came to the house of informant and told that accused Jaswant, Raghuraj, Smt. Pachauri and Ram Khelawan in the evening of 04.07.2006 were present in the house of Jaswant. Sushila, daughter of informant was also present there. Hot talks were going on between them. Thereafter, whereabouts of Sushila is not known. Jaswant and Ram Khelawan both were absconding. Raghuraj and Pachauri were present in the house. Foul smell is coming out from their house. On information given by Buddha Sahu, informant came to village Chandpur and saw that large number of villagers were gathered at the house of Raghuraj, who had confined Raghuraj and Smt. Pachauri at their house. On inquiry made by informant and villagers, Raghuraj and Smt. Pachauri both confessed their guilt and stated that they and their son Jaswant and son-in-law Ram Khelawan have committed murder of Sushila on 04.07.2006 at 12:00 in the night and her dead body is buried in the house itself. It is also mentioned that smell was coming out from the house of accused-pers