DHARMENDRA RAJBHAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal emanates from the judgment and order dated 15.12.2016 passed by learned Additional Sessions Judge, Jaunpur in Session Trial No. 274 of 2015 (State Vs. Heera Lal and two others) arising out of Crime No. 271 of 2015, under Sections 498-A, 304-B, 302/34 of Indian Penal Code and Section ¾ Dowry Prohibition Act, Police Station Sureri, District Jaunpur by which appellant Dharmendra Rajbhar has been convicted and sentenced under Section 302 IPC with life imprisonment and fine of Rs.10,000/-, in default of payment of fine to undergo additional imprisonment for a period of one year.

(2.) The prosecution case in brief is that Shakuntala Devi, the daughter of informant Pardeshi Rajbhar, was wedded to appellant-Dharmendra Rajbhar on 08.07.2008. Sufficient dowry was given in the marriage but her father-in-law, mother-in-law, sister-in-law and husband were not satisfied with the dowry. They were making demand for a golden ring and motorcycle but informant could not fulfill the demand owing to his meagre financial conditions. Consequently, the in-laws were harassing his daughter. She always told about this to the informant and members of his family. On 11.06.2015 at about 8.30 P.M. informant was communicated by the villagers that her daughter had been killed at about 8.30 P.M. by her husband, father-in-law, mother-in-law and sister-in-law. When he arrived at the spot, dead body of his daughter was lying at the door but her inmates were absent. All of them fled away leaving their home. He lodged an F.I.R. on 13.06.2015 at Police Station Sureri.

(3.) On 12.6.2015 at about 0.10 a.m. Hiralal Rajbhar (father-in-law of deceased) informed the police at police station Sureri that his daughter-in-law w/o Dharmendra Rajbhar aged about 27 years wedded in the year 2008 was aggrieved with matter related to tonsure (mundan) of her child. She hanged in the room while locking the door from inside. When door was not opened for long, she was called out but no response came from inside. They broke open the door and found her hanging with ceiling fan at about 8.30 p.m. He got down her dead body and lay it on the cot. This information was entered into G.D. Report no. 2 the same day.