AJAY KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred against the judgement and order dated 13.1.2017 passed by Additional Sessions Judge, Fast Track Court No. 1 Aligarh in S.T. No. 529 of 2013 (State Vs. Ajay Kumar and others) arising out of case crime No. 120 of 2013, under Sections 304-B IPC and 4 of D.P. Act, Police Station-Jawan, District Aligarh and convicted and sentencing the appellant u/s 304-B IPC 10 years rigorous imprisonment and fine of Rs. 5,000/- in default of payment of fine three months further imprisonment and sentencing the appellant u/s 4 D.P. Act and two years simple imprisonment and fine of Rs. 5,000/- in default of payment of fine two months further imprisonment.

(2.) Brief facts of the case are that the FIR Exhibit Ka-6 lodged by PW 1 on the basis of written report Exh Ka-1 on 11.4.2013 with allegation that the marriage of daughter of PW 1, namely, Maya Devi was solemnized with appellant on 17.5.2011 with Hindu Reties and Customs, in this marriage informant given sufficient dowry according to his status and spent about 3-4 lacs Rupees, but the appellant and his family members were not happy and they started harassment to his daughter about further demand of dowry as Rs. One Lakh cash and they committed murder to his daughter. It is further alleged that on 9.4.2013 i.e. before two days of unfortunate death of the deceased the appellant had brought the deceased at her matrimonial home on that fateful day i.e. 11.4.013. The first informant had received a telephonic information that his daughter has been done to death, on this information, the informant as well as his family members reached to the matrimonial house of deceased, they saw that the dead body was lying at her matrimonial house inside the floor of room with wounds and contusions on her body. This incident had happened about 8:00 o'clock in the morning and on the basis of above allegations, FIR lodged by PW-1 in P.S., Java, District Aligarh on 11.4.2013 at about 15:40 pm. against the appellant/accused Ajay Kumar (husband of the deceased) and also against Bhagwan Singh (Father in law), Meena Devi (Mother in law), Nirmala Devi (Jethani), Km. Neetu (Nanad).

(3.) Investigation of this case handed over to the C.O. Sansar Singh Investigating Officer, recorded the statement of informant and other witnesses and also prepared the site plan Exhibit Ka-3 and he also collected the post mortem report and inquest report after conducting the formality of investigation. Investigating Officer submitted the charge sheet (Exhibit-Ka-4) against the appellant Ajay Kumar as well as Bhagwan Singh and Meena Devi under Sections 498A / 304B IPC and section 3/4 D.P. Act exonerated other named accused, namely, Smt. Nirmala Devi and Km. Neetu.