JONHA Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal appeal under Sec. 374(2) Cr.P.C. has been filed by appellants Smt. Jonha @ Jonhi Devi, Baiju and Ganga Kohar, against judgment of conviction and order of sentence dtd. 21/11/2013, passed by the Additional District and Sessions Judge, Court No. 1, Mahrajganj, in Session Trial No. 96 of 2010 State vs. Baiju and others, whereby appellants have been convicted under Ss. 304-B, 498-A, 201 I.P.C. and Sec. 3/4 of D.P. Act, they have been sentenced with multiple sentences.

(2.) We have heard learned counsel for both the parties and have gone through the evidence on record.

(3.) The brief facts of the prosecution unfolds that one Ram Bilas presented a written application to the Superintendent of Police, Maharajganj, stating therein that marriage of his daughter Sangeeta was solemnised on 25/4/2004, as per the Hindu customs and rituals and on 10/3/2006 she had departed for her matrimonial house. He had given dowry as per his financial capacity, his son-in-law and her father-in-law demanded colour T.V. and motorcycle as an additional dowry ten months before death of the deceased and beaten her 2 daughter for the same; he went to the matrimonial house of her daughter but his son-in-law and his father threatened him not to visit their house hence he could not go to the matrimonial house of her daughter. It is next averred in the written F.I.R./application that on 13/3/2009 at 5:00 a.m. his daughter Sangeeta was killed by family members of her sasural and her dead body in a hush hush manner was cremated and no information was sent to his family members in this regard; upon coming to know about the incident he, his brother and his nephew went at village Jhamat and inquired from Smt. Jonha Devi (saas) and Ganga Kohar, father of Baiju (sasur), but they did not give them satisfactory explanation. Since she had died, no information was given to them, thereafter, they went to the police station, but their F.I.R. was not written, therefore, it was urged to Senior Superintendent of Police to issue direction to the Police Station to register the F.I.R.