MUNNI DEVI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant challenges her conviction for the offence punishable under Sec. 304-B and Sec. 316 of the Indian Penal Code [For short, Penal Code]. She has been sentenced to imprisonment of seven years.

(2.) The case of the prosecution is that the appellant's son, Rahul was married with one Alka @ Pooja on 2/12/2010. As per the brother of Alka, Anil Singh Tomar who has lodged the First Information Report on 3/8/2011, it was alleged that his sister was being harassed by her husband, her mother-in-law the appellant, her brothers-in-law as well as her sisters-in-law who were demanding an amount of Rs.2,00,000.00 and a Car in dowry. This demand of dowry by the family members from her matrimonial home was informed to the informant. The relatives of Alka had repeatedly talked to the members of her matrimonial home but they did not stop their demand. On 3/8/2011 at about 05:30 A.M. the informant received information that his sister had been murdered. Accordingly, the First Information Report was lodged on the same day at 08:40 A.M against the husband of the deceased, her mother-in-law, her brothers-in-law as well as her sisters- in-law.

(3.) On completion of the investigation, the chargesheet was submitted and the appellant including the other accused were charged under Ss. 498-A, 304-B and Sec. 316 of the Penal Code along with Ss. 3 and 4 of the Dowry Prohibition Act, 1961 [ For short, the Act of 1961]. The accused having denied the charges were accordingly tried. The prosecution examined about nine witnesses to support the aforesaid charges. The accused examined one witness. At the conclusion of the trial, the learned Additional Sessions Judge by his judgment dtd. 10/8/2018 was pleased to convict the husband- Rahul, his brother-Chetan and his mother-the appellant under Ss. 498-A, 304-B and 316 of the Penal Code along with Ss. 3 and 4 of the Act of 1961. They were sentenced to undergo rigorous imprisonment for a period of ten years for the offence punishable under Sec. 304-B of the Penal Code, seven years rigorous imprisonment and fine of Rs.20,000.00 for the offence under Sec. 316 of the Penal Code, in default, additional rigorous imprisonment of one year. They were also sentenced to undergo three years imprisonment with fine of Rs.5,000.00 for the offence punishable under Sec. 498-A of the Penal Code, in default, additional imprisonment of six months. They were also sentenced to two years imprisonment with fine of Rs.5,000.00 for the offence under Ss. 3 and 4 of the Act of 1961 and in default of payment of fine to undergo three months additional imprisonment. All sentences were to run concurrently. The other accused came to be acquitted.