VISHWANATH GUPTA Vs. STATE OF U.P

JUDGEMENT

(1.) The above two criminal appeals have been preferred against the judgment and order dated 22.2.2010 passed by Additional Sessions Judge, Kushi Nagar Padrauna in S.T. No. 168 of 2001 under section 498-A, 304-B, 302, 201 I.P.C. convicting and sentencing the appellants under section 498-A I.P.C. for two years imprisonment, under section 304-B I.P.C., for ten years imprisonment, under section 302 I.P.C. for life imprisonment and fine of Rs. 10,000/- and in default of payment of fine further imprisonment of one year and under section 201 I.P.C. for three years imprisonment.

(2.) As the above mentioned two criminal appeals have been preferred against the same judgment and order, hence the same are being heard and decided together by this common judgment.

(3.) The brief facts of the case are that the First Information Report was lodged by the informant Pooranmasi (hereinafter referred to as 'the informant') stating that he had married his only daughter Km. Vidya (hereinafter referred to as 'the deceased') in the year 1989 with one Aniruddha Gupta son of Vishwanath Gupta resident of village Gaunariya, police station Kaptanganj, District Padrauna. In the marriage he has given sufficient dowry and only one bicycle was left to be given which was continuously demanded by Aniruddha and his father Vishwanath, who used to threatened and also frequently used to abuse, harass and torture his married daughter in various manner. The informant at regular intervals had gone to village Gaunaria and pacify her daughter and son-in-law Aniruddha and demanded time to give bicycle but on account of poverty he could not give bicycle to them. His daughter was also having infant child aged about two and half years, namely, Raj Kumar. In the intervening night of 2/3.1.1996 at about 12 hours his daughter and her infant child were murdered on account of non fulfillment of demand of dowry and in the night itself the dead body of the deceased Smt. Vidya along with her child was cremated. When the informant and his family members came to know about death and disposal of the dead body of their daughter Smt. Vidya and her infant child then they were shocked and went to the village Gaunaria and came to know about all the facts. When, the informant made a query from Vishwanath and his family members as to why the information about the death of his daughter and her infant child and performance of their last rites were not communicated to them immediately, Aniruddha and Vishwanath got angry and abused him and stated that he immediately leave their house as because of him the said incident had taken place. The informant also informed about the incident at police station Kaptanganj but his F.I.R. was not lodged, hence he informed about the same to Superintendent of Police by submitting the written report on the basis of which the F.I.R. was registered as case crime no. 50 of 1996 under sections 498-A, 304-B, 302, 201 I.P.C., police station Kaptanganj, District Kushi Nagar on 29.3.1996 at 11:30 a.m.