SATYA PAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) As all these four appeals arise out of a common judgement and order dated 27.04.2017 passed by Additional District and Sessions Judge, Court No. 13, Aligarh in Sessions Trial No. 575 of 2012 (State vs. Kaptan Singh and Ors.), convicting the accused-appellants under Sections 498A, 302/149, 201, 120B of IPC, P.S. Khair, District Aligarh and sentencing accused-appellants Satya Pal Singh, Smt. Munesha Devi and Pankaj under Section 302/149 of I.P.C. to undergo imprisonment for life and a fine of Rs. 25,000/- each, in default thereof, to further undergo one year rigorous imprisonment, further sentencing all the accused-appellants to undergo five years rigorous imprisonment under Section 201 and a fine of Rs. 10,000/- each, in default thereof, to further undergo three months additional rigorous imprisonment; to undergo imprisonment for life under Section 120B and a fine of Rs. 15,000/- each, in default thereof, to further undergo one year rigorous imprisonment and to undergo three years simple imprisonment under Section 498A and a fine of Rs. 10,000/- each, in default thereof, to further undergo one month's additional simple imprisonment, they are being disposed of by this common order.

(2.) In the present case, the name of deceased is Smt. Anita, wife of accused Kaptan Singh. Their marriage was solemnized about 6-7 years prior to the date of incident i.e. 02.02.2012. It is alleged that deceased was subjected to cruelty for demand of Rs. 2 lakhs for expansion of business of her husband. However, the same could not be paid to the husband on account of poor financial condition of the father and brother of the deceased. It is said that a month prior to the date of incident, a Panchayat meeting was called at village Nandpur Pala, which was attended by the accused persons including villagers and in the said meeting, complainant Nagendra Singh (PW-1), brother of the deceased and his family members were threatened for either giving Rs.2 lakhs or to face dire consequences. Further case of the prosecution is that on 02.02.2012, there was a marriage in the relation of the complainant at Delhi, deceased left her house from village Nandpur Pala but she did not reach to Delhi. Near village Khair, at a place called Barka, dead body of the deceased was found near a canal. On the basis of written report lodged by Nagendra Singh (PW-1), brother of the deceased on 03.02.2012, FIR Ex. Ka.2 was registered at 01.30 p.m. against the accused persons, Kanti Devi and one Subhash under Sections 498A, 304B, 201 of IPC read with Section 3/4 of Dowry Prohibition Act.

(3.) Inquest on dead body was conducted vide Ex. Ka.11 on 03.02.2012 and the body was sent for postmortem, which was conducted on 04.02.2012 vide Ex. Ka.6 by PW-6 Dr. R. Bihari.