RAMESH Vs. STATE OF U P

JUDGEMENT

(1.) Challenge by the Appellant mother Savitri Devi (A-1) alongwith her two appellant sons Satya Prakash (A-2) and Ramesh (A-3) in these two connected appeals is to the same judgment and order of their convictions and sentences dated 4.3.2006 for offences U/Ss 498-A and 304-B I.P.C., P.S. New Agra, District Agra and implanted sentences of 3 years RI with Rs. 5,000/- fine on each of the appellants for the first charge and 10 years RI for the second charge imposed by Additional Sessions Judge, Court No. 4, Agra, in S.T. No. 957 of 2000,State v. Satya Prakash and others and hence both the appeals, after being clubbed, are being decided by this common judgment.

(2.) According to the prosecution allegations as are perceivable from written report, exhibit Ka-1 and chik FIR exhibit Ka-3, and subsequently as was testified before the trial court by the three fact witnesses informant Bhagwan Singh P.W. 2, Man Singh P.W. 3 and Bahadur Singh P.W. 4 were that informant Bhagwan Singh P.W. 2 S/O Nirottam had six issues namely Kiran Devi(deceased),Man Singh(P.W.2), Ravindra, Sukkhi, Janki and Pappi, out of whom Kiran Devi(deceased) was married to appellant Satya Prakash A-2, residents of village Manohar Pur, quarter to seven years prior to her demise on 28.6.1993 in her parental village Ashoka Pura. Distance between both the villages is about a kilometer. According to his economic condition and fiscal means that the informant had given dowry in the marriage albeit appellants A1 to 3 and father-in-law were dissatisfied with it and deceased was being taunted for bringing less dowry and appellants additionally desired a motorcycle and a buffalo. Deceased anyhow tolerated her torture but during her marital life span, whenever she visited her parental house, five or six times, she had complained about appellants behaviour to her parents.

(3.) Non fulfillment of dowry demand aggravated deceased harassment and torture which took ugly turn of physical assault as well. Appellants had imbibed an idea of committing bigamy by solemnizing second marriage of A2 as well if their lust for additional dowry is not satiated. During intervening period deceased had also attained motherhood by giving birth to a female child. In the month of August 1999 appellants pushed out the deceased and her daughter out of their house in her worn attires and since then she was aboding with her parents. Eight or ten days prior to her death(date of the incident) father-in-law Hakim Singh came to take her back and at that time he was given pairs of buffaloes and goats by the informant who had also requested him to desist from future torturing of the deceased. As a gesture of respect and concern informant had accompanied the three to Hakim Singh's house to see them off.