MOHIT KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) These appeals have been preferred against the judgment and order dated 28.09.2019 passed in S.T. No.27 of 2016 (State of U.P. vs. Jai Jai Ram and 2 others) arising out of Crime No.255 of 2015, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station Jahanganj, District Farrukhabad by which appellants Jai Jai Ram and Smt. Bhagyawati have been convicted and sentenced under Section 304-B for a period of 7 years rigorous imprisonment and appellant Mohit Kumar for a period of 10 years rigorous imprisonment, under Section 498-A I.P.C. for a period of 1 year rigorous imprisonment with fine of Rs.5000/- for each and under Section 4 D.P. Act for a period of 6 months rigorous imprisonment with fine of Rs.1000 for each.

(2.) Facts in brief are that informant Ramprasad is resident of village Nagariya Jawahar, Police Station Rajepur, District Farrukhabad and his daughter Rinky @ Neelam was married to Mohit Kumar in May, 2013 who is resident of Jahanganj. After some days of marriage, the in-laws began to torture her daughter for chain and other items not being given in the marriage. They took off the jewelry from her which was given by her parents. On 24th July, Mohit Kumar sent S.M.S. which meant that he did not need her. Her father Ramprasad came and took her daughter. On 17.08.2015 her mother-in-law levelled the charge of theft of Rs.2500/- on her and said, give the money otherwise result will be bad. Thereafter, his daughter being aggrieved with daily torture poured kerosene oil on herself and set her ablaze in the presence of all family members but no one tried to save his daughter. If her mother-in-law, father-in-law, sister-in-law and husband had tried to save her, she would have survived. On 21.08.2015 tehrir as aforesaid was given by informant at the Police Station Jahanganj where case was registered as Crime No.255 of 2015, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act. The detail of which was entered into G.D. as Report No.24.

(3.) On the date of incident i.e. 17.08.2015 at about 17:30 Rinky @ Neelam died in the hospital and information thereof was given to police on the basis of which H.C.P. Rajendra Prasad proceeded to the hospital at Farrukhabad for conducting inquest of deceased where Rajendra Prasad Chaudhari, Tehsildar Sadar, Farrukhabad, constable Satyapal and home guard Pawanesh Pratap were present. Inquest of deceased Smt. Rinky @ Neelam was conducted by Tehsildar, R.P. Chaudhari in presence of the witnesses. Thereafter, dead body was got sealed, necessary papers were prepared with the inquest report and dead body was sent for post-morem to District Hospital, Farrukhabad by constable Satyapal Singh and home guard Pawnesh Pratap Singh.