SUGAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Noor Mohammad, Advocate holding brief of Sri Yogesh Kumar Srivastava, learned counsel for the accused-appellant, Sri Sanjay Sharma, learned A.G.A. for the State-respondent and perused the record.

(2.) This appeal is preferred by the accused-appellant through Jail Superintendent, Jhansi under Sec. 374 (2) read with Sec. 383 Cr.P.C. against the impugned judgment of conviction dtd. 3/2/2018 and order of sentence dtd. 9/2/2018 passed by learned Additional Sessions Judge/Fast Track Court No. 1, Jhansi in Session Trial No. 337 of 2014 'State of U.P. vs. Sugam' (arising out of Case Crime No. 326 of 2014, under Ss. 498-A, 304-B, 302 I.P.C. and Sec. 3/4 of Dowry Prohibition Act, Police Station- Gursaray, District- Jhansi), whereby the accused-appellant has been convicted and sentenced to undergo rigorous imprisonment for 10 years under Sec. 304-B I.P.C., to undergo rigorous imprisonment for three years and a fine of Rs.5000.00, in default to undergo further imprisonment for two months under Sec. 498-A I.P.C. and to undergo rigorous imprisonment for two years and a fine of Rs.10,000.00, in default to undergo further imprisonment for three months under Sec. 4 of Dowry Prohibition Act. It was further directed that 80% of the fine amount shall be paid to the legal representative of the deceased. All the sentences were directed to run concurrently.

(3.) In brief, prosecution case is that informant Mani Ram has lodged the first information report on the basis of written complaint on 7/6/2014 at 00.15 A.M. alleging therein that he married his daughter Lalita aged about 21 years two years ago with accused-appellant Sugam. The accused-appellant and his family members were demanding a motorcycle and Rs.50,000.00 as dowry for the last two years and were harassing his daughter for its non-fulfillment. His daughter told this fact to him but due to his weak financial condition he could not meet the demand of dowry. It is further alleged that on 6/6/2014, the accused-appellant and his family members murdered his daughter by hanging her. The information regarding death of his daughter Lalita Devi was conveyed to him by the accused-appellant. On the information, he went to the house of in-laws' of his daughter and saw the dead body of his daughter was laying on the ground and all the family members of her in-laws have absconded.