SONU Vs. STATE OF U. P.

JUDGEMENT

(1.) The appeal has been preferred by the appellant- Sonu against the judgment and order dtd. 11/2/2015, passed by learned Additional District and Sessions Judge, Fast Track Court, Gautam Budh Nagar in Session Trail No. 144 of 2012 (State of UP vs. Sonu and another), arising out of Case Crime No. 581 of 2011, under Ss. 498-A, 304B Indian Penal Code, 1860 (in short ''I.P.C.') and Sec. 3/4 of Dowry Prohibition Act, Police Station- Dadri, District Gautam Budh Nagar whereby the appellant is convicted and sentenced for the offence under Sec. 302 I.P.C. for life imprisonment with a fine of Rs.25,000.00 and in default of payment of fine, further imprisonment for one year. Accused Krishnapal Sharma was acquitted by the Court below, therefore this appeal has been preferred only for appellant- Sonu.

(2.) Brief facts of the case giving rise to this appeal are that a written report was submitted by complainant Brahm Deo (father of the deceased) at Police Station Dadri, District Gautam Budh Nagar with the averments that marriage of his daughter Priyanka was solemnized with accused- Sonu on 14/7/2010. He had given dowry as per his capacity. After marriage accused-Sonu and his family members demanded additional dowry. It is further averred that on 7/11/2011, appellant- Sonu and his family members poured kerosene on his daughter and set her ablaze. It is a fact that during treatment the deceased succumbed to the injuries.

(3.) On the basis of above written report, a case crime no.581 of 2011 was registered at Police Station Dadri, under Ss. 498-A, 304-B I.P.C. and Sec. 3/4 of Dowry Prohibition Act. Investigation was taken up by Circle Officer, who visited the spot, prepared the site plan and recorded the statement of witnesses. the dying declaration of the deceased was also recorded on 10/11/2011. F.I.R. was registered as written report on 24/11/201. Inquest report was prepared and post-mortem of the dead body was conduced and its report was also prepared by doctor. After completion of investigation, I.O. submitted the charge sheet against accused- Sonu and Krishnapal, who are the husband and father-in-law of the deceased.