SUNIL KUMAR Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal has been filed against the judgement and order dtd. 2/11/1999 passed by Additional Sessions Judge/Special Judge, Gangsters Act, Court No. 5, Etah in S.T. No. 70 of 2018, whereby, though the appellant Sunil Kumar, co-accused Gajraj Singh and Nirmala Devi have been acquitted of the charge of offences punishable under Ss. 498A, 304B IPC and Dowry Prohibition Act but, the appellant - Sunil Kumar has been convicted under Sec. 302 IPC and sentenced to imprisonment for life whereas, the co- accused Gajraj Singh and Nirmala Devi have been acquitted of the charge of offence punishable under Sec. 302 read with Sec. 34 IPC. While admitting this appeal, vide order dtd. 7/12/2019, lower court record was summoned and office was directed to prepare the paper book of the appeal. Paper book of the appeal is ready therefore, with the consent of Sri Sanjeev Kumar Pandey, learned counsel for the appellant, and Sri Amit Sinha, learned AGA for the State, this appeal has been heard and is being decided finally by this order. Introductory facts

(2.) The wife of the appellant-Sunil Kumar, namely, Sangeeta was married to the appellant on 20/2/2015. She died in her matrimonial house on 24/3/2017 of which a first information report (vide written report- Ex. Ka-1) was lodged by PW-1 (Jamuna Prasad) father of the deceased. In the first information report, it is alleged that the accused, namely, Sunil Kumar (husband); Gajraj Singh (father-in-law); Sudhir and Yogendra (Devars) and Nirmala Devi (mother in law) were not happy with the dowry provided in the marriage and were pressing for a three wheeler and Rs. Fifty thousand in cash. It was alleged that in connection with the said demand, the deceased was being harassed and assaulted by the accused. It is also alleged that in connection with that, several times panchayats were organised but the accused did not relent and as the demand was not met, the accused killed Sangeeta. This FIR was registered at police station Mirhachi, District - Etah on 24/3/2007 at 16.25 hrs. of which a Chik FIR (Ex. Ka-3) and G.D. Entry (Ex. Ka-4) was prepared/made by PW-10. Inquest was conducted at 18.25 hrs on 24/3/2017 at deceased's matrimonial house in the presence of her family members of which inquest report (Ex. Ka-10) was prepared.

(3.) Autopsy of the body of the deceased was conducted by PW-9 on 25/3/2017 at about 2:50 pm. The autopsy report (Ex. Ka-2) revealed three ante mortem injuries: