PRADEEP KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been preferred against the Judgment and order dated 29.5.2014 passed by learned Additional Sessions Judge, Court No. 4, Aligarh in Sessions Trial No. 892 of 2011, State Vs. Pradeep Kumar and another, arising out of Case Crime No.8 of 2011 under Sections 498A, 304B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Harduaganj, District Aligarh.

(2.) Facts in short as culled out from the prosecution story are that on 16.1.2011 first informant moved a written report at Police Station Harduaganj, District Aligarh alleging that on 25th February 2008 he solemnized the marriage of his sister Rashmi with Pradeep Kumar giving 10 tola gold ornaments, T.V., fridge, washing machine, bed, almirah, sofa, etc. and 4 lakh rupees in cash as dowry. But, father of accused-appellant, namely, Rishi Pal was not happy with the dowry given and used to harass his sister and demand motor cycle. When his sister asked the first informant to give motor cycle otherwise they will kill her, the first informant said that he will give motor cycle on which they told him as to why less money was given while deal was of Rs.6 lakhs. It is further alleged that they send his sister many times to informant's home and she lived with him for many months. Sister of the first informant told that her sister-in-law Neetu. Sushama, father-in-law Rishipal and husband Pradeep colluding themselves used to commit mar peet with her. On 6.1.2011 first informant came to know that her sister was killed by her in-laws pouring kerosene oil and setting her ablaze. On information, when first informant and some persons of village reached village Samastpur, his sister was not there. They came to know that she was admitted in Aligarh Medical College. Reaching there, they found that his sister was struggling hard in between life and death. First informant took her out from Medical College and got admitted in Jeevan Hospital. None of her in-laws came at neither Medical College nor Jeevan Hospital to see her. He asked his sister as to how she suffered who told him that brother as told by her already for giving them motor cycle if he wanted to keep her alive, on account of not giving motor cycle, at about 5.00 p.m. her sister-in-law Sushama and Neetu caught her hold and father-in-law exhorted what was being looked at on which her husband Pradeep poured kerosene oil from cane; stroke the matchstick and threw it upon her; her clothes caught fire; when she raised alarm, neighbours converged the place and extinguished the fire but her in-laws were only seeing her and waiting for her death and they along with some villagers dropped her at Medical College and rushed away. It is further alleged that during treatment, on 14.1.2011 at about 9.15, she died. On 15.1.2011, post mortem of her person was conducted and after performing her last rites, he had gone to police station for getting report lodged.

(3.) With regard to the aforesaid incident which occurred on 6.1.2011 at about 21.15, the police registered Case Crime No. 8 of 2011 under Sections 498A, 304B I.P.C. and Section 3/4 Dowry Prohibition Act on 16.1.2011 at 17.30. Police started investigation and after investigation, charge sheet was submitted in the court.