RAJ KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rajrshi Gupta, learned counsel for the appellant and Sri Nagendra Kumar Srivastava, learned A.G.A. for the state.

(2.) This appeal challenges the judgment and order dtd. 4/10/2016 passed by learned Additional Sessions Judge, Court No.1, Hathras in Sessions Trial No.357 of 2014 (State vs. Raj Kumar @ Raju) arising out of Case Crime No.280 of 2014 convicting accused-appellant under Sec. 302 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced the accused-appellant to undergo imprisonment for life with fine of Rs.30,000.00 and in case of default of payment of fine, further to undergo imprisonment for a period of six months.

(3.) The genesis of the case is that the deceased was married with the accused appellant Raj Kumar three years before the occurrence. It is alleged in the FIR that the appellant/ accused and his family members were demanding Rs.2.00 lacs as additional dowry and when the deceased showed her inability to get the same from her parents, they harassed and subjected her to cruelty. On 20/4/2014, Rs.50,000.00 as additional dowry were given to the accused persons but on 21/4/2014 the sad news of her death came. The FIR was lodged on the very same day by Satyaveer, the father of the deceased. The police moved to the scene of occurrence and prepared panchayatnama, autopsy of the dead body was performed and the post mortem revealed that the death was due to strangulation.