RAVI PRATAP SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rajarshi Gupta learned counsel for the appellant and learned AGA for the State-respondent.

(2.) This appeal is directed against the judgment and order dated 21.03.2013 passed by the Additional Sessions Judge/Special Judge (E.C. Act), U.P. at Basti in Sessions Trial No.141 of 2007 (State of U.P. Vs. Kismata @ Krishninku son of Mukhtar Singh has been convicted for the offence under Section 302 IPC and sentenced with life imprisonment alongwith fine of Rs.10,000/- with the condition that in case of non-deposit of fine, the appellant has to undergo additional sentence of one year rigorous imprisonment.

(3.) The prosecution story has been unfolded with the first information report lodged on 02.01.2007 at about 19.30 hours. It was a written report given by the brother of victim Sunita @ Babbi, daughter of Sri Shyam Narayan Singh. It is stated therein that victim Sunita @ Babbi was got married to Jai Prakash Singh son of Mukhtar Singh on 16.05.2005. While Jai Prakash Singh was employed in Delhi, victim resided in her marital home with her in-laws at the village. During the marriage ceremony, sufficient dowry had been given by the father of the victim, but Jai Prakash Singh and his family members were dissatisfied and adamant on their demand for a car in the dowry. One month after the marriage, Sunita came to her parent's house and told them that her in-laws (father and mother-in-law, sister and brothers in-law) were pressing their demand for a car in the dowry. The victim told her parents that in case their demand was not fulfilled, it would be difficult for her to live in her marital home. Somehow, family members of the victim had persuaded her to go back to her marital house. The victim, however, was being tortured both physically and mentally by her in-laws on account of non-fulfillment of their demand. The victim also pleaded her husband to take her alongwith him to Delhi, but he also stated that unless the demand is fulfilled, he would not take her alongwith him.