MUNSHI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present appeal was filed by three convicts namely Kamlesh Singh, Vishwaraj Singh and Munshi Singh. Vide order dtd. 17/5/2018, the appeal qua appellant Nos. 1 and 2 was dismissed and notice was issued only qua appellant No.3, namely, Munshi. He is the brother of husband of the deceased. The other two appellants are husband and brother of the deceased.

(2.) An FIR (Crime Case) No.30 of 1993 was registered on the complaint of Chander Singh (PW-1) son of Muneshwar Singh stating therein that marriage of his sister Janki Devi (deceased) was solemnised with Kamlesh Singh about four years ago. Sufficient dowry was given as per their standard. Immediately after the marriage, family of the husband started demanding a buffalo and a Vicky and pressurised her. She was even beaten up. His deceased sister had talked to him about this many times. When he talked to the husband and her in-laws about this, he was abused and pushed out of their house. They threatened that they will kill her sister.

(3.) On 27/2/1993, Vishwaraj Singh (brother-in-law of the deceased) said to his brother Shivraj Singh (PW-2) that in case the demand is not met, it will not be good for them. On 28/2/1993, having come to know about the death of his sister, a complaint was made to the police that she had been killed as the demand of dowry was not met. Charge-sheet was presented. After trial, Kamlesh Singh, the husband, Vishwaraj Singh and the present appellant, brothers-in-law of the deceased, were held guilty of charges under Ss. 304B and 498A of the Indian Penal Code, 1860 (for short 'the IPC'), and Sec. 4 of the Dowry Prohibition Act, 1961. They were convicted and sentenced to undergo 10 years rigours imprisonment under Sec. 304B, 2 years under Sec. 498A of the IPC and 2 years rigorous imprisonment under Sec. 4 of the Dowry Prohibition Act, 1961. In appeal filed before the High Court at Allahabad, the judgment and order of the trial court was upheld and the appeal was dismissed.