RAHUL Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Nirvikar Gupta and Sri Ishwar Chadra Tyagi, learned counsels for the appellants, Sri Dharam Veer Singh and Sri P.K. Singh, learned counsels for the informant, Sri Vikas Goswami and Smt. Alpana Singh, learned A.G.A. for the State.

(2.) The above noted criminal appeals have been preferred against the judgement and order of conviction dated 10.8.2018 passed by the Additional Sessions Judge/FTC, Court no.2, Hathras in S.T. No. 105 of 2013(State Vs. Rahul and others), arising out of case crime no. 404 of 2011 under sections 304-B,498-A, 316 I.P.C. and section 3/4A Dowry Prohibition Act, P.S. Kotwali Hathras, District Hathras convicting and sentencing the appellants for commission of offence under section 304-B I.P.C, to ten years rigorous imprisonment; for offence under section 316 I.P.C. to seven years rigorous imprisonment and fine of Rs. 20,000/-, in case of default in payment of fine one year additional rigorous imprisonment; under section 498-A I.P.C. to three years imprisonment and fine of Rs. 5,000/-,in case of default in payment of fine to undergo additional imprisonment of six months and under section 3A of Dowry Prohibition Act to two years imprisonment and payment of fine of Rs. 5,000/-, in case of default in payment of fine to undergo three months additional imprisonment. All sentences have been directed to run concurrently.

(3.) The prosecution case, in short, is that informant, Anil Singh Tomar, lodged the First Information Report dated 3.8.2011 alleging that his sister, Alka alias Pooja, was married to Rahul son of Nihal Singh; that soon after the marriage her husband, Rahul, mother-in-law, Smt. Munni, elder brother-in-law (Jeth) Chetan, elder sister-in-law (Jithani) Rashmi, sisters-in-law(Nanad) Deepu and Pooja and brother-in-law (Nandoi), Promod Kumar, started harassing her for an amount Rs. Two lacs and a Wagno R car in dowry; that his sister used to inform about the demand of dowry by the family members of her matrimonial home; that his relatives repeatedly talked to the members of the matrimonial home of his sister but they did not relent and on 3.8.2011 at 5.30 A.M. he received information on mobile phone that his sister has been murdered; that he reached the scene of occurrence and found her dead body lying on the bed.