AKHILESH RAI Vs. STATE OF UP

JUDGEMENT

(1.) Both criminal appeals arise from a common Session Trial No. 274 of 1999 State of U.P. v. Lal Baboo Rai and two Ors.. Judgment and order of conviction dated 9.10.2006 was passed by Additional Sessions Judge, court No. 16, Deoria, convicting appellants Akhilesh Rai (husband), Lal Baboo Rai (father-in-law) and Prabhawati Rai (mother-in-law).

(2.) Appellants Akhilesh Rai and Lal Baboo Rai have been convicted under Section 304B I.P.C. and are sentenced to undergo life imprisonment, appellant Prabhawati has been convicted and sentenced to ten years R.I. under Section 304B I.P.C., All the appellants are sentenced under Section 498A I.P.C. two years R.I. and fine of Rs. 2,000/- each, in default of payment of fine, two months additional imprisonment and under Section 4 Dowry Prohibition Act one year R.I. and fine of Rs. 5000/- each. In default of payment of fine, five months additional imprisonment.

(3.) Occurrence is alleged to have taken place on 21.7.1998 in village Kataura, Police Station Gauri Bazar, District Deoria. Gunjana Rai @ Munnu is the deceased. On the basis of an application given to D.I.G. Gorakhpur, on 28.7.1998, first information report was registered on 31.7.1998 at 12:35 p.m. Distance from the place of occurrence to police station is alleged to be 7 kilometres. First informant is Daya Ram Rai son of Tunmun Rai resident of village Dabara, Police Station Khesraha, District Sant Kabir Nagar.