SHIV SHANKAR GUPTA Vs. STATE

JUDGEMENT

(1.) Both criminal appeals have been filed against the judgment and order dated 25th August, 2004 whereby the accused Shiv Shankar Gupta has been sentenced to three years R.I. and fine of Rs. 5,000 under Section 498A, I.P.C. and he has been further sentenced to two years R.I. and fine of Rs. 5.000 under Section 3/4, Dowry Prohibition Act and he has been directed to undergo 14 years imprisonment under Section 304B, I.P.C. and in default of payment of fine in all sections, he has further directed to undergo simple imprisonment for six months.

(2.) Secondly, the accused Pramod Kumar Gupta has been convicted under Section 498A, I.P.C. to three years rigorous imprisonment and a fine amounting to Rs. 5,000 and two years rigorous imprisonment and a fine amounting to Rs. 5,000 under Section 3/4, Dowry Prohibition Act and in default of payment of fine, he has further sentenced to six months simple imprisonment in both the sections by the Sessions Judge.

(3.) Briefly stating the contention of the prosecution is that Sunil Kumar Gupta s/o of Brahmanand Gupta, resident of Arya Nagar. P.S. Etah lodged a written report dated 22nd March, 2001. According to the version of the F.I.R. the sister of Sunil Kumar Gupta, Smt. Mamta Gupta was married with accused Shiv Shankar Gupta s/o of Mahesh Chandra Gupta, resident of Uttam Nagar, Sishram Park, Delhi four months before the incident. In marriage approximately, Rs. 5 lakhs were spent. The accused Shiv Shankar as well as his elder brother Pramod Kumar Gupta were demanding Rs. 2 lakhs more and hence to torture his sister Mamta. On 22nd March, 2001, Sunil the informant received a phone call of his brother-in-law Shiv Shankar that he is coming at night and money should be arranged. At 12 : 00 p.m. the accused Shiv Shankar and Rajesh came to the house of Sunil the informant, situated behind the petrol pump in front of the bus stand which is Sarawal House. It was stated that Shiv Shankar wants to have some talk with his sister Mamta and Shiv Shankar took away his sister Mamta in another room where Shiv Shankar with intention to kill Mamta threw some liquid substance on her person as a result of which she started burning. Accused Shiv Shankar and Rajesh came out from the said room and fled away. The room started burning and Mamta was also burnt. In order to save Mamta. her father Brahmanand Gupta also received burn injuries. The resident of nearby came and put off the fire.