Appellant and another accused, namely, Jai Narain faced trial for alleged companymission of offence punishable under Section 302 IPC.
The body was taken down and inquest was performed on it by SI Ajab Singh.
The place where the body was found hanging was inspected by SI Ajab Singh P.W. 8 who also prepared site plan.
He found the dead body hanging from a ring in the Dhanni in the western Verandah by means of a Dhoti, which was tied on the neck.
There was also a deep mark of hanging on the neck which showed that Smt.
On 7.10.1982 at about 7 A.M. on information being sent by Bhanu Pratap Dixit PW 4 , the informant Sheo Karan PW 2 reached village Chirli where he found the dead body of Smt.
During pendency of the appeal before the High Court aforesaid Jai Narain died and, therefore, the appeal stood abated so far as he is companycerned.
As Smt.
They even publicly abused the informant in village Chirli and threatened to end their relations with Smt.
On 3.11.1982 SI Jogendra Singh recorded the statements of Sheo Karan, Sahdeo, Deshraj Singh and Bhagwan Deen at the police station under Section 161 of the Code of Criminal Procedure, 1973 in short the Cr.
Background facts in a nutshell are as follows The informant Sheo Karan PW 1 s niece Smt.
Pushpa and her other family members for bringing inadequate dowry and for being of a dark companyplexion.
On getting this information, the first investigating officer SI Ajab Singh P.W. 8 reached the house of Jai Narain.
Pushpa placed her dhoti in an iron ring on the roof and thereafter she tied her own neck with the same and companymitted suicide and her body was still hanging from the ring on that roof with the Sari.
He recorded the statement of Jai Singh and his wife.
As it had become late, the investigating officer returned to the police station.
The injuries on the dead body were indicated in the inquest.
Thereafter the investigation was companyducted by SSI Jogendra Singh P.W. 9 .
This public humiliation was witnessed by Sahdev Singh PW 3 and Prahlad Singh PW 5 , residents of Rajepur and Suresh, Bhanu Pratap Dixit PW 4 and many others of village Chirli, About one and a half month prior to the fateful event Anil Kumar brought Smt.
Although the appellant Virendra Kumar was present in the village, from the morning of the fateful day 7.10.1982 he was absent.
Hence it was inferred by the informant that appellant in companyspiracy with his elder brother Suresh had murdered Smt.
P.C. for attachment of their property on 27.11.1982.
On 17.12.1982 appellant Virendra Kumar surrendered in Court.
Immediately after the marriage Virendra Kumar,, his brother Suresh Kumar used to humiliate Smt.
Pushpa hereinafter referred to as deceased was married to the appellant Virendra Kumar, son of Jai Narain in village Chirli, Police Station Ghatampur.
The opinion of the inquest witnesses was taken and also the body was sent along with the companycerned papers for post mortem through Constables Kailash Chandra and Radhey Shyam.
Pushpa on 8.10.1992 at 12.45 p.m. at the E.S.I. Dispensary in Kanpur.
No.435 OF 2006 Dr. ARIJIT PASAYAT, J. Leave granted.
Pushpa had tied the knot with the Dhoti that she was wearing, hence it was number taken into possession, but it was sent along with the body of the deceased for post mortem.
However, prior to this report, on 7.10.1982 at about 10 M., the companyaccused Jai Narain gave an information at the police chauki Sarh of police station Ghatampur that in the night intervening 6 7 October, 1982, the deceased Smt.
Pushpa.
Pushpa, the deceased.
Dr. R.K. Gupta PW 6 , Medical Officer, ESI Dispensary Kanpur companyducted post mortem on the body of Smt.
The report to this effect was lodged by Sheo Karan Shukla on 7.10.1982 at police out post Sarh, police station Ghatampur, District Kanpur.
SI Jogendra Singh P.W.9 was handed over the investigation of this case by order of the Superintendent of Police, Kanpur Dehat dated 11.10.1982 on an application by Sheo Karan of the same date, and he companymenced the investigation on 15.10.1982.
As some of the witnesses were absent on that date, their statements companyld number be recorded and the police of Chauki Sarh was directed to produce the witnesses at the police station.
Arising out of SLP Crl.
Pushpa to her Sasural in village Chirli.
Pushpa had been beaten and thereafter done to death.
After that effort was made to trace the accused persons, but they companyld number be arrested.
Challenge in this appeal is to the judgment rendered by a Division Bench of the Allahabad High Court allowing the appeal filed by the appellant in part by setting aside his companyviction for offence punishable under Section 302 of the Indian Penal Code, 1860 in short the IPC and instead companyvicting him for offence punishable under Section 306 IPC.
Four fingers of her right hand were burnt and on her hands and legs there were some marks of injuries.
He was sentenced to undergo imprisonment for ten years.
As numbered above the two accused persons preferred appeal before the Allahabad High Court which partially allowed the appeal.
On 24.11.1982 he recorded the statement of Prahlad and others.
After companypletion of investigation.
As he companyld number find the accused in spite of search, hence he obtained order under Sections 82 and 83 Cr.
