RAM SHANKER Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 19.01.2002 passed by Additional Sessions Judge, Fast Track Court-II, Rai Bareli in Sessions Trial No.188/95 arising out of Case Crime No.63/95 under Sections-498-A, 304B, 120B I.P.C. and Section Dowry Prohibition Act 1986 (in short D.P. Act), Police Station-Lalganj, District-Rai Bareli, whereby the appellants-Ram Shankar and Kamlesh Kumar have been convicted and sentenced for the offence under Section 304B I.P.C. for seven years rigorous imprisonment, for the offence under Section 498A I.P.C. for two years rigorous imprisonment and fine of Rs.1000/- each and for the offence under Section 4 D.P. Act for one year rigorous imprisonment and fine of Rs.1000/- each. It has further been directed that the appellants have to go undergo three months imprisonment in default of payment of fine for offence under Section 498A I.P.C. and three months imprisonment in default of payment of fine for offence under Section 4 D. P. Act. All the sentences have been directed to run concurrently.

(2.) The prosecution story, in brief, is that the deceased, Dhanpati, daughter of Lal Bahadur (P.W.-1) (informant), was married to the appellant-Kamlesh Kumar in the year 1992. On 25.02.1995 at 6:30 a.m. Lal Bahadur (P.W.-1) lodged first information report (in short F.I.R.) (Ext. Ka-1) at P.S.-Lalganj, District-Raibareli alleging that after her marriage the appellant was asking Rs.20,000/- and a motorcycle as a dowry and on account of non-fulfillment of dowry, the appellant-Kamlesh Kumar, his sister-Ram Payari (co-accused) and his father, the appellant-Ram Shankar (since deceased) used to harass and torture the deceased and had forcibly taken her all the jewellery. It is further stated in the F.I.R. that on 24.02.1995 the appellant-Kamlesh Kumar, co-accused (Ram Pyari) and the appellant-Ram Shanker (since deceased) caused death of the deceased, Dhanpati, aged about 22 years, by setting her on fire.

(3.) On the said information (Ext. Ka-1), chik report (Ext.-Ka-3) was registered as Crime No.63/95, under Section 498-A, 304-B & Section D.P. Act against the appellant-Kamlesh Kumar, co-accused-Ram Pyari and the appellant-Ram Shankar (since deceased) and the same was entered into General Diary (Ext. Ka-4) by Head Constable, Ram Sharma (P.W.-4). Investigation was handed over to Dy. S. P., Rajendra Kumar Pandey (P.W.-6).