YOGENDRA PRASAD TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Satish Trivedi, learned Senior Counsel, Sri Rajiv Lochan Shukla, learned counsel for the informant and learned A.G.A for the State.

(2.) The applicant is the father-in-law of the deceased. The first information report was lodged by the informant, Saurabh Kumar Dubey, alleging that his sister, Smt. Shweta Tiwari, was married to son of the applicant, Vineet Kumar Tiwari, on 23.11.2017. Sufficient dowry was given but the applicant and co-accused, were not satisfied and were demanding Rs. 50,00,000/- for purchasing a fortuner car and other goods for business. Shweta Tiwari @ Ranu, sister-in-law (nanad) of the deceased, was in control of the affairs of the house and she was foremost in making demand of dowry. The deceased was severely beaten on 15.12.2018 by all the accuseds and she was brought to her parental home at Allahabad. Thereafter compromise took place and she returned to her matrimonial home in the night of 8/9.09.2019. The first informant was informed by the applicant that his sister is admitted in Trauma Centre, Varanasi. When he reached there he found his sister dead.

(3.) Learned Senior Counsel for the applicant has submitted that general allegations regarding demand of dowry have been levelled against all the accused persons. FIR is delayed. The applicant duly informed the informant about admission of his sister in Trauma Centre, BHU, Hospital, Varanasi. The deceased committed suicide by jumping from third storey of her matrimonial home after bolting door from inside at 11:00 p.m. The deceased was a women of irritable nature and was frustrated on account of non-conception after about two years of her marriage. She herself committed suicide in depressed state of mind after bolting door from her side. She went to her parent's house more than 10 times after her marriage but never lodged and complaint against the family members of the applicant regarding any demand of dowry by them. Investigating Officer could not gather any evidence of any witness in this regard. The applicant is retired Senior Section Engineer and was residing with his wife, Smt. Usha Devi, in village, Kukudha, Police Station- Chaubepur, Varanasi and on receiving the information regarding injury to the deceased from his son he immediately informed the informant and departed for Varanasi. The deceased expired on 09.02.2019 at 01:09 a.m. In the inquest report the cause of death was mentioned as falling from the roof. The first informant is also witness of the inquest report. Deceased committed suicide by jumping from the third floor of his house and the applicant has been falsely implicated in this case. His entire family members, even the daughter who was residing at Lucknow, has been falsely implicated in this case. The deceased and the son of the applicant were living separately at Varanasi and the applicant has nothing to do with their relationship. Neighbours, Kamlakant Tiwari, Manish Tiwari, Surendra Pratap Singh and Village Pradhan, Kushal Tiwari, stated before the investigation officer that the applicant and his wife reside at village Kukudha, Chaubeypur, Varanasi and not in the city with their son and daughter-in-law. The offence alleged is not made out against the applicant. The applicant is languishing in jail since 03.05.2019 and has no criminal history to his credit.