RAM AJOR Vs. STATE OF U. P.

JUDGEMENT

(1.) This Criminal Appeal has been preferred against judgment and order 07.08.2006 / 08.08.2006 passed by learned Additional Sessions Judge / FTC, court No. 3, Basti in Session Trial No. 267 of of 2004 (State Vs. Ram Ajor and another), Police Station Dudhara, District Basti, whereby accused-appellant Ram Ajor has been convicted under sections 498A, 304-B of Indian Penal Code (hereinafter referred as IPC) and Section 4 of Dowry Prohibition Act (hereinafter refered as DP Act) and he was sentenced to three years rigorous imprisonment along with fine of Rs. 2000/- under Section 498-A IPC, life imprisonment under section 304-B IPC and one year rigorous imprisonment along with fine of Rs. 2000/- under Section 4 DP Act. All the sentences were directed to run concurrently.

(2.) Accused appellant Ram Ajor is husband of deceased Vimla Devi. As per first information report, prosecution version is that marriage of the accused-appellant Ram Ajor was solemnized with deceased Vimla Devi (daughter of informant Daya Ram) about six years prior to the incident and that informant Daya Ram has given dowry like clothes, utensils and and watch etc. in the marriage. After marriage, accused-appellant Ram Ajor and his family members used to harass the deceased on account of dowry. They used to demand a golden chain and colour TV as additional dowry. Meanwhile, accused-appellant has also developed illicit relations with one widow lady namely Kismati Devi. Accused-appellant Ram Ajor used to beat the deceased at instance of said Kismati Devi. When deceased told these facts to her maternal family, her father has given a buffalo and some cash to the appellant but he was still not satisfied and continued to harass the deceased. On 21.06.2004 at around 10:00 AM while the deceased has gone for collecting grass (fodder), she was done to death by accused-appellant and alleged Kismati Devi.

(3.) Perusal of record shows after alleged incident on 21.06.2004, accused-appellant has given an information to the police vide application exhibit Kha-1 on 21.06.2004 stating that when his wife has gone to collect grass in jungle, she has got herself hanged by neck's noose of her ''saari' on a katahal tree. Thereafter, police have reached at the spot. Inquest proceedings were conducted by S.I. Motilal vide inquest report exhibit Ka-8 and dead body of the deceased was sealed and it was sent for post-mortem.