MAHESH KUMAR Vs. STATE

JUDGEMENT

(1.) U. S. Tripathi, J. Appellant Mahesh Kumar has preferred this appeal against the judgment and order dated 8-2-1991 passed by 5th Additional Sessions Judge, Kanpur Dehat in S. T No. 198 of 1988 convicting the appellant under Sections 498-A, 304-B and 2011pc and sentencing him to undergo R. I. for a period of 3 years under Section 498-A, imprisonment for life under Section 304-B and R. I. for a period of 7 years under Section 201 I. P. C. Further, it was directed that all the sub stantive sentences shall run concurrently.

(2.) THE prosecution story, briefly stated, was that Brij Bihari Awasthi (P. W. 2) had married his daughter Smt. Sunita deceased (17) about 11 months before the occurrence of this case with the appellant Mahesh Kumar. He had provided ade quate dowry in the marriage. But when Sunita deceased started living with the ap pellant after marriage the appellant along with his sister Km. Shashi and brother-in- law Prem Shankar started demand of scooter in dowry from Brij Bihari (P. W. 2 ). THE deceased when returned back to her parents house told to her father that in case scooter was not given to the appellant in dowry, she would be killed. Prior to few days of the occurrence Brij Bihari (P. W. 2) had sent Upendra (P. W. 1) to thesaswra/of the deceased for taking her back. THE ap pellant and the other accused told Upendra that Sunita deceased would not be sent back to her parents' house unless scooter was provided to him.

(3.) ON 10-5-1988 Upendra Kumar (P. W. 1) the brother of the deceased, sent an application to the Superintendent of Police Kanpur Dehat, alleging that the marriage of his sister Sunita was per formed with the appellant 11 months before the occurrence and there after the appellant started demanding scooter in dowry. He had also promised to provide scooter in some time. When he went to the house of appellant to take back his sister, the appellant, his sister and sister's hus band Prem Shankar compelled the deceased to tell him (Upendra Kumar) that she would not be sent with him unless scooter was provided to the appellant. ON the night of 7/8-5-1988 the appellant and other co-accused killed the deceased and burnt her body. He went to lodge the report at P. S. Bhoganipur but the police dih not lodge his report and told that it would be written after receipt of post-mor tem report. The Superintendent of Police, Kanpur Dehat ordered on 11-5-1988 to S. O. P. S. Bhoganipur for registering thecase and investigation. The above application as well as post-mortem report of the deceased were received at P. S. Bhoganipur on 15-5-1988 and on the basis of above documents a case at crime No. 138 of 1988 was registered against the appellant, Shashi and Prem Shankar under Section 302 and 498-A I. P. C. , the endorsement of which was made at G. D. report (Ext. Ka-4 ).