MANISH KUMAR SRIVASTAVA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Mahipal Singh, learned counsel for the appellants and learned A.G.A. for State.

(2.) The above noted criminals have been preferred against the judgement and order of conviction dated 1.11.2019 passed by the Additional District and Sessions Judge/Special Judge (E.C. Act),Gorakhpur in Sessions Trial No. 672 of 2014(State Vs. Manish Kumar Srivastava and another) convicting the appellants for offence under section 304-B I.P.C. and sentencing them to seven years rigorous imprisonment; for offence under section 498-A I.P.C. convicting and sentencing them to two years rigorous imprisonment and fine of Rs. 3,000/-, in default of payment of fine to undergo three months additional rigorous imprisonment and convicting them for offence under section 4 of Dowry Prohibition Act and sentencing them to one year's rigorous imprisonment and fine of Rs. 2000/-, in default of payment of fine to undergo two months additional rigorous imprisonment.

(3.) The prosecution case is that informant, Keshav Kumar Srivastava, lodged an First Information Report alleging that he got his daughter, Neelam Srivastava, married to appellant, Manish Kumar Srivastava, on 6.6.2014;that on the next day her ''bidai' took place; that he spent Rs.8 lacs in the marriage; that on 9.6.2014 at 2 .00 hours his daughter informed him on phone that her husband, father-in-law, mother-in-law, sister-in-law (Jithani) and elder brother-in-law (Jeth) are behaving very badly and demanding Rs. Two lakhs in dowry; that they have not given her food to eat and they are harassing her in different ways; that she has tried to convince them that her father is unable to pay any amount further; that the informant consoled his daughter and stated that I am coming to her matrimonial home and then she informed him that by the time you will reach here, she may not be alive; that then he contacted his son-in-law on phone who talked very rudely and made demand of Rs. 2 lacs; that the informant alongwith his younger brother went to Gorakhpur on motorcycle and found only the mother-in-law of his daughter in the house, who did not informed him anything about the whereabouts of his daughter; that he inquired from the people in the neighbourhood, who informed that accused persons have killed his daughter and have taken her to the hospital just for formality and that the informant has apprehension that his daughter has been given poison and her jewelry worth of Rs. 4 lacs have been taken.