SUNIL KUMAR DIVAKAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal challenges the judgment and order dtd. 13/4/2016 passed by Additional Sessions Judge, Court No.1, Kannauj in Sessions Trial No.144 of 2009 convicting accused-appellant under Ss. 498 & 302 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced him to undergo imprisonment for life with fine of Rs.25,000.00 under Sec. 302 of I.P.C. and under Sec. 498A, sentenced him to undergo 2 years and 6 months rigorous imprisonment with fine of Rs.5,000.00 and in case of default of payment of fine, further to undergo six months imprisonment.

(2.) Factual scenario as culled out from the record and the judgment of the Court below is that the complainant lodged a complaint that his daughter was married with accused-appellant namely Sunil Kumar Diwaker on 28/4/2008. After she went to matrimonial home, she was being harassed for dowry. On the fateful day, she was sent back to matrimonial home on 28/10/2008, again accused demanded money and gold chain. She was set ablaze by pouring kerosene on her despite the fact that she was pregnant. She was subjected to all kinds of mental harassment. The child in the womb was also declared dead and, therefore, the parents of the deceased decided to see that the accused are brought to trial. The complainant lodged the complaint.

(3.) Investigation was moved into motion. After recording statements of various persons, the investigating officer submitted the charge-sheet against accused under 498A & 304 B of I.P.C. and Sec. 3/4 of Dowry Prohibition Act, 1961 (in short 'D.P. Act'). The learned Chief Judicial Magistrate before whom charge sheet was laid put the same before the learned Sessions Judge. The learned Sessions Judge, on hearing the learned Government Advocate and learned counsel for the accused, framed charges under Sec. 498A, 304B, 302/34 of I.P.C. & Sec. 4 of D.P. Act.