MUKESH Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred by the appellant-Mukesh @ Mukesh Kumar Gupta against the judgment and order dated 11.7.2018, passed by Sessions Judge, Sonbhadra, in S.T. No.45 of 2016 (State vs. Mukesh @ Mukesh Kumar Gupta) arising out of Case Crime No.26 of 2016, under Sections 498-A, 304-B IPC and under Section 4 Dowry Prohibition Act, 1961 (herein after referred to as 'Act, 1961'), Police Station-Beejpur, District-Sonbhadra, by which learned trial court convicted appellant under Section 304 (2) IPC and sentenced for eight years' rigorous imprisonment and Rs.10,000/- fine and in default of fine, one year's simple imprisonment.

(2.) The brief facts of the case are that informant-Rajendra Prasad Shah submitted a written report at P.S.-Beejpur on 1.2.2016 stating that his sister Kusum Shah married on 7.6.2010 with Mukesh Gupta. Enough dowry was given in the marriage according to the financial condition. After some months of marriage, his sister came to parental house and told that her husband used to take alcohol and beat her also. Her father Sudarshan Gupta and mother Shiv Kumari Gupta used to demand Rs. 1,00,000/- (one lakh) as additional dowry and constantly torture her. The husband and her-in-laws used to torture and even after his intervention, position was not improved. On 1.2.2016 at 1:46 a.m., Mukesh told him on mobile phone that his sister has hanged herself. On hearing it, people from her parental home went to her in-laws house and saw that a rope (gamchha) was hanging with the fan in her room. It is alleged that his sister's husband-Mukesh, father-in-law-Sudarshan Gupta, mother-in-law-Shiv Kumari have killed her for not meet out the demand of Rs. 1 lakh as additional dowry.

(3.) On the basis of above written report, an FIR was lodged at P.S.-Beejpur under Section 498-A, 304-B IPC and 3/4 of Act, 1961, against Mukesh Kumar Gupta, Sudarshan Gupta and Shiv Kumari.