AKHALESH PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred by the appellant-Akhalesh Pal against the judgment and order passed by Additional Sessions Judge, Court No. 6, Jhansi, dated 30/10/2018 in S.T. No. 65 of 2016 (State v. Akhilesh Pal and others) arising out of Case Crime No.272/2015 under Sec. 498-A, 304-B, 302 IPC and under Sec. 3/4 Dowry Prohibition Act, 1961 (herein after referred to as 'DP Act, 1961') Police Station-Garotha, District-Jhansi, by which the appellant was convicted under Sec. 498-A, 304-B IPC and Sec. 4 of DP Act, 1961, and sentenced only under Sec. 304-B IPC for 7 years and under Sec. 4 of DP Act, 1961, for 6 months along with fine of Rs.1,000.00.

(2.) Brief facts of the case are that the complainant-Thakur Das Pal submitted a report in Kotwali Garotha on 11/12/2015 with the averments that his daughter-Kaushal was married to Akhilesh Pal S/o Kallu Pal R/o Village-Khadaura, PS-Garotha, before 4 years. He had given dowry worth Rs.2 lakhs in the marriage, but his daughter's husband, namely, Akhilesh Pal (appellant), Father-in-law-Kallu Pal, Mother-in-law - Smt Valku and Nanad -Smt Urmila were not satisfied. They started demanding Rs.1,00,000.00 as additional dowry and started torturing and beating her for non-fulfillment of above demand. In the morning of 11/12/2015, complainant came to know that all above mentioned persons have killed his daughter for non-fulfillment of demand of additional dowry.

(3.) On this report the Case Crime No. 272 of 2015 was registered against the aforesaid persons and after investigation, charge-sheet was submitted against Akhilesh Pal, Kallu and Smt. Balku under Sec. 498-A, 304-B and Sec. 34 of DP Act, 1961. After completion of trial, learned trial court acquitted Kallu and Smt. Balku of all charges levelled against them and convicted Akhilesh Pal and sentenced him as aforesaid. Hence, this Appeal.