TALEWAR Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal has been preferred against the Judgment and order dated 30.10.2014 passed by the Additional Sessions Judge, Room No.09, Budaun in Sessions Trial No. 146 of 2011 arising out of Case Crime No. 1649 of 2010 under Sections 498A, 304-B I.P.C. and 4 of Dowry Prohibition Act, Police Station Ujhani, District Budaun.

(2.) Facts emerging from the prosecution story are that complainant Smt. Bhagwan Devi wife of Gendan Lal, resident of Village Khaspur Gautiya, Police Station Kunwargaon, District Budaun moved an application under Section 156 (3) Cr.P.C. before the Chief Judicial Magistrate, Budaun with the allegations that complainant's daughter Reshamwati aged 19 years was married to accused-appellant Talewar on 7.5.2009. She, according to her status, had given cycle, T.V. all other necessary articles and Rs.50,000/- in cash. Her daughter used to go and come to her matrimonial home. Her daughter told her that her in-laws pester her and demanded dowry, motorcycle and a buffalo and if she would not bring they would done her to death. The complainant along with others went to make settlement with in-laws of her daughter but they were adamant to demand said dowry. Complainant told that she had given enough dowry according to her status and she had no capacity to give more dowry. Complainant's son-in-law carried his wife Reshamwati on 30.5.2010 last time. Their son Bablu aged about 10 years also accompanied with them. On 11.6.2010 at about 5 p.m. one Aram Singh son of Nanhe resident of Junaiya told her that her daughter was done to death by her in-laws at about 12 noon and also locked her in a room. When complainant along with her husband, Munshilal of her in-laws and Har Nam Singh reached in-laws home of her daughter at about 6 p.m., husband of complainant found his daughter dead in the room and none of in-laws was found there. Her son Bablu were found on the spot and many persons gathered. Her son Bablu told that brother-in-law Talewar, Jaisingh (jeth) and Sukhi (jethani) being unanimous strangulated her; when he went to see in the room they made him to run away by beating him; and when he asked them later on, they told that his sister was sleeping in the room. Complainant alleged that her daughter was done to death by strangulation on account of non-fulfillment of demand of dowry. The Chief Judicial Magistrate allowed the said application and directed the Station House Officer, Ujhani to investigate the matter lodging the First Information Report on the basis of which on 19.8.2010 at about 18.30 pm. chik First Informantion Report as Case Crime No.1649 of 2010 under Sections 304B, 498A I.P.C. and under Section ¾ Dowry Prohibition Act was lodged.

(3.) After investigation, the police submitted charge sheet in the court. The Magistrate took cognizance, summoned the accused and finding the case to triable by sessions court committed it to the court of Sessions on 5.2.2011. The Sessions Court framed charges against accused Talewar and Jai Singh under Sections 498A, 304 B and in alternative under Sections 302/34 I.P.C. and Section ¾ Dowry Prohibition Act, which were read over to the accused, who denied the charges and claimed trial.