BRIJESH KAUSHAL Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal appeal has been filed by the appellants against the judgment and order dtd. 27/11/2009 passed by Additional Sessions Judge, FTC-Vth, court No. 14, Sultanpur in S.T. No. 332 of 2007 arising out of Crime No. 372 of 2007 under Ss. 302/34, 498 A IPC and 3/4 of the Dowry Prohibition Act, 1961 registered at Police Station-Musafirkhana, District-Sultanpur convicting the appellant Brijesh Kaushal and Smt. Nirmala and sentencing them for life imprisonment along with fine of Rs.5000.00 each, in default thereof to undergo simple imprisonment for a period of three months.

(2.) Heard Shri Maneesh Kumar Singh, learned counsel for the appellants and Shri Umesh Verma, learned Additional Government Advocate for the State and perused the judgment and order passed by learned trial court as also the lower court record.

(3.) As per the prosecution case, on 22/5/2007, a First Information Report was lodged at 9.30 A.M. against four persons namely, Brijesh Kaushal (husband of the deceased), Smt. Nirmala (mother in law of the deceased), Ghanshayam Kaushal (father-in-law of the deceased) and Rajesh Kaushal (devar/brother-in-law of the deceased) under Ss. 302/34, 498 A IPC and 3/4 of the Dowry Prohibition Act, 1961 stating therein that the marriage of the daughter of the complainant namely Manju (hereinafter referred to as 'the deceased') was solemnized with Hindu customs and rituals five years ago with Brjesh Kaushal (appellant No. 1). At the time of marriage, as per the capacity, the dowry was given. After the marriage, the husband and in-laws of the deceased used to harass mentally and physically both for dowry demand, and the same was told by the deceased repeatedly. On the fateful day i.e. 22/5/2007 at 08.00 A.M. some unknown persons called the complainant and informed him that his daughter was set ablaze by pouring kerosene oil and when he reached the Community Health Centre, Musafirkhana, District Sultanpur, he saw his daughter lying on the bed in the emergency ward and on asking, she told that today morning at 8.00 A.M. she was set to fire by her husband and mother in law by pouring kerosene oil for dowry demand of Rs.20,000.00. The daughter has been referred to Medical College at Lucknow. It has also been disclosed that earlier also, case for dowry demand was filed which was subsequently compromised and his daughter returned to her matrimonial house.