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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MANOJ MISRA, SYED AFTAB HUSAIN RIZVI, JJ.
Aniraka Prasad Yadav – Appellant
Versus
State of U.P. – Respondent
CRIMINAL APPEAL No. 5369 of 2009
Decided on : 03-08-2022
Indian Penal Code, 1860 - Section 302 - Criminal Procedure Code, 1973 - Section 313 – Offence of Murder / Committed suicide – Appeal against conviction – Proof of motive - Circumstantial evidence - It was alleged in application that applicant his marriage was solemnized. The age of his wife is 31 years. He has three children his wife was 7-8 months pregnant. She had a stomach-ache. He has gone to fetch medicine from the village. When he returned back he saw that his wife has committed suicide by hanging herself in osara (veranda) of his house. Her dead body is lying there in same position. He has given the information of this incident to his in-laws - It is clear that the prosecution case stands proved beyond reasonable doubt. Learned trial court has properly appreciated the evidence and conclusion drawn by the trial court is just and proper. There is no illegality or perversity in the findings of the learned trial court. There is no ground to interfere in the findings and conclusion recorded by the learned trial court. (Para 27)
Finding of the court :
The material contradictions mentioned makes their testimony untrustworthy and no reliance can be placed on their or al statements. So this piece of prosecution evidence is neither trustworthy nor reliable - The circumstance from which the conclusion of the guilt is to be drawn is fully established and it is consistent only with the hypothesis of the guilt of the accused. The circumstances are of a conclusive nature and point towards the guilt of the accused. It exclude every other possible hypothesis - The chain of evidence is so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and it shows that in all human probability the act must have been done by the accused - Prosecution case stands proved beyond reasonable doubt. The learned trial court has properly appreciated the evidence and conclusion drawn by the trial court is just and proper
Result: Appeal dismissed.
JUDGMENT :
SYED AFTAB HUSAIN RIZVI, J.
1. We have heard Sri Ravindra Balkrishna Kanhere, for the appellant and Sri H.M.B. Sinha, learned AGA for the State.
2. This Criminal Appeal has been filed against the judgment and order dated 31.07.2009 passed by Sessions Judge, Sonbhadra in S.T. No. 32 of 2008 (State vs. Aniraka Prasad Yadav and ors), arising out of case crime no.263 of 2007, P.S. Babhani, District Sonbhadra, convicting the accused-appellant under Section 302 IPC and sentencing him to undergo imprisonment for life, and fine of Rs.1000/-and in default of payment of fine, one month rigorous imprisonment.
Narration of Facts
3. The factual matrix is as follows:
Aniraka Prasad Yadav (appellant) gave an application at P.S. Babhani on 20.12.2007. It was alleged in the application that applicant Aniraka S/o Bechu Yadav is resident of Village-Chainpur, P.S. Babhani, District Sonbhadra. His marriage was solemnized with Chun Kuwar, D/o Hira Lal, Village Semaria, P.S-Raghunathpur, District Sarguja Chattisgarh, 10-12 years before. The age of his wife is 31 years. He has three children namely Mahavir aged about 6 years, Raghuvir aged about 5 years and Jagvir aged about 3 years. His wife was 7-8 months pregnant. She had a stomach-ache from 19.12.2007. Today on 20.12.2007 at about 9:00 am, he has gone to fetch medicine from the village. When he returned back he saw that his wife Chun Kuwar has committed suicide by hanging herself in the osara (veranda) of his house. Her dead body is lying there in the same position. He has given the information of this incident to his in-laws through Ram Dulare. He has informed through telephone No.09977437032 and STD No.07772262138. The aforesaid information was entered in the GD at serial No.20 at 12:30 hrs. The inquest proceeding of the dead body was conducted and it was sent for post-mortem examination.
On 21.12.2007, the father of Chun Kuwar (deceased) namely Hira Lal (complainant) P.W.-1 gave a written information at P.S. Babhani alleging therein that he has married his daughter Chun Kuwar to Aniraka S/o Bechu in the year 1995. His daughter was being tortured by her husband and his elder brother and they have beaten her several times. A Panchayat was also held in the village Chainpur. In February 2007 his daughter had gone for labour work at Chainpur Bawali. On issue of preparing meal, Aniraka Prasad went to Brahaman Basti at a distance of 1 km and in front of hundred of labourers brutally assaulted Chun Kuwar, causing her serious injuries and bleeding started from her ears. Labourers rescued her. On receiving this information the complainant with his wife went to the house of his daughter at village Chainpur. Then his son-in-law, his elder brother-Dwarika and Udai Narayan abused them and became ready to assault them. He and his wife went to the village Pradhan and told him about the matter and returned to their house with his daughter, Chun Kuwar. His daughter lived there for 7 months but his son-in-law did not come to take her back. After 7 months his son-in-law came then, after counselling his son-in-law and on his assurance, he sent his daughter back with him but he again beat her two times. On receiving the information, he could not go to the village Chainpur. On 18.12.2007, Jwala Prasad Yadav of village Chainpur told Aniraka and Dwarika Prasad that Aniraka’s wife was having illicit relation with Udai Narayan. On this, his son-in-law beat his daughter. On 19.12.2007 his daughter went to the village Pradhan and told him about this incident. At that time, Vijay, Raghuvir, Kamta etc., were sitting there. Pradhan said that he will counsel Aniraka when he returns back but Aniraka did not return till late night. In the night of 19.12.2007 in furtherance of criminal conspiracy hatched by Jwala Prasad, Udai Narayan and Dwarika Prasad and with their aid, Aniraka committed the murder of his daughter. His daughter was having 7 months pregnancy. After committing murder they are trying to portray it as suicide
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