NEERAJ Vs. STATE OF U.P.

JUDGEMENT

(1.) This jail appeal has been preferred against the judgement and order dated 17.07.2018 passed by Additional Sessions Judge, Court No. 4, Moradabad, in S.T. No. 70 of 2013 (State Vs. Neeraj), arising out of case crime No. 481 of 2012, under Sections 498A, 304-B, 302 IPC and 3/4 of D.P. Act, Police Station-Bilari, District Moradabad convicting and sentencing the appellant u/s 498A for 2 years rigorous imprisonment and fine of Rs. 5,000/-, in default of payment of fine 2 months additional rigorous imprisonment, under section 304-B IPC, 10 years rigorous imprisonment and u/s 4 D.P. Act 1 year rigorous imprisonment and fine of Rs. 5,000/- in default of payment of fine two months rigorous imprisonment. Further order that out of recovery of fine 50% money shall be given to the brother of deceased Om Prakash @ Sonu and all the sentence shall run concurrently.

(2.) Brief facts of the case are that the complainant Om Prakash @ Sonu lodged the FIR by giving written report with the allegation that his sister Lokesh aged about 24 years was married with appellant Neeraj five years back of the incident as per Hindu rites and rutuals. During marriage, he has given sufficient dowry according to his financial capacity, but appellant's family was not satisfied with dowry. Thereafter appellant Neeraj, his elder brother Mahendra, his wife Usha, mother-in-law Radha and father-in-law Dungar Singh used to harassment and torture to his sister by demanding motorcycle as additional dowry. Due to poor financial condition of the complainant's family they, were unable to fulfill their demand of motorcycle. Due to this appellant's family used to harass and assaulted her on two occasion due to nonfulmilment of demand of motorcycle they ompel his sister to leave the matrimonial home. Appellant had taken her back to his house after persuasion, but they continued to stick with their demand of motorcycle and often beat to his sister. On the fateful night of 20/21.09.2012 some unknown time her husband Neeraj, Mahendra, Usha, Radha and Dungar Singh had committed murder to his sister by hanging. The dead body was lying at the house of his brother-in-law in village Gataura and all family members including husband of the deceased fled away. On this allegation FIR Ext Ka-4 was lodged at police station Bilari by the complainant on 21.09.2012 at 04.30 p.m., as a case crime no. 481 of 2012, under sections 498A, 304B IPC and ¾ D.P. Act. The distance of the police station is 15 Kms.

(3.) Before the investigation of the case inquest was done by P.W. 7 Abhay Kumar Singh in presence of inquest witness. Inquest report was prepared by P.W. 7 Abhay Kumar Singh, Tehsildar, and cause of death could not be ascertained so as per opinion of Panch, the dead body was sent to the district hospital for autopsy of deceased Smt. Lokesh.