DHAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) In these two connected appeals, a family consisting of father Dhan Singh (A-1), mother Smt. Makkhan (A-2) and their son Akhilesh Kumar (A-3), who were in-laws and husband of Geeta(deceased), have challenged their conviction under Section 304-B (2), 498A IPC and 4 D.P. Act and imposed sentences of ten years R.I. for the first charge, two years R.I. with Rs. 5000/- fine, on each of the appellants and in default of payment thereof to undergo three months simple imprisonment, for the second charge, and one year R.I. with fine of 2500/=, the default sentence being two months further R.I., for the last charge imposed by Additional Session's Judge, court no.2, Jhansi in S.T. No.85 of 2004, State vs. Dhan Singh and others, relating to Police Station Baruwa Sagar, district Jhansi vide impugned judgement and order dated 23.3.2005.

(2.) Charges against the appellants, as was levelled and scribed by the informant Gunchi Lal (P.W.1), father of the deceased Geeta, in his written F.I.R., Ext. Ka-1, were that his said daughter, aged about 22 years, had married Akhilesh Kumar (A-3), according to Hindu marriage ceremonies, on 6.12.2001, which was solemnised according to the desire and economic means of the informant, yet the appellants were demanding a motorcycle of more than Rs.40,000/- as dowry.(A-2) severely tortured the deceased because of non-fulfilment of said dowry demand. At all the times, whenever the informant visited appellant's house they restated the said demand. Colour T.V. and a Fridge, which was given in the marriage, was damaged by(A-2) as the appellants wanted them of LG Company. When informant's brother Rameshwar Dayal, had gone to bring back Geeta, he was abused and sent back.(A-2), in no uncertain terms, had informed deceased parents and other relatives that, unless their demand is fulfilled, they will not be allow them to meet Geeta and all the times whenever they ventured for it they were rebuffed.

(3.) On 23.11.2003, Gyasi Lal,one of informant's relatives from Baruwa Sagar had informed (P.W.1) that his daughter had expired in the night. Being convinced that Geeta was done to death by the appellants either by strangulating or poisoning her, because of non-fulfilment of dowry demand, that the father informant Gunchi Lal (PW1) scribed, Ext. Ka-1, went to the police station Baruwa Sagar and lodged it the same day at 3.10 p.m. as Crime No. 505 of 2003, under Sections 498A, 304 B IPC.