STATE OF U. P. Vs. KRISHNA KUMAR KULSHRESHTHA

JUDGEMENT

(1.) Accused persons Krishna Kumar Kulshreshtha, Sudhir Kumar Kulshreshtha and Akhilesh Kumar Kulshreshtha and Smt. Gayatri Devi Kulshreshtha were acquitted of the charges under Sec. 302/34 and 201 I.P.C. in Sessions Trial No. 488 of 1984 arising out of case crime no. 495 of 1985, P.S- Loha Mandi, District- Agra by the Court of Special Judge (Economic Offences), Agra by judgement and order dtd. 29/4/1987, feeling aggrieved of which this State appeal has been filed.

(2.) The prosecution story unfolded by the FIR in brief is that Smt. Beena Kumari Kulshreshtha @ Beena Kulshreshtha, daughter of the informant-Guru Dayal Prasad was married with accused Akhilesh Kumar Kulshreshtha on 9/5/1982 and as per his capacity the informant offered dowry to the in-laws of her daughter, however, the accused persons Akhilesh Kumar Kulshreshthahusband, Krishna Kumar Kulshreshtha-father-in-law, Smt. Gayatri Devi-mother-in-law were dissatisfied with the dowry and Smt. Bina was subjected to cruelty and harassment for demand of dowry by the aforesaid accused persons and also by her brother-inlaw Sudhir Kumar Kulshreshtha. The deceased used to make complaint of these incidents to her mother and brother. On 13/11/1982 Girish Chand Kulshreshtha, the nephew of the informant went to the house of the deceased on the occasion of Dipawali and he found her normal and healthy, however, she appeared to be upset. On 15/11/1982 at about 5.15 pm. the informant got the information of the death of his daughter and after reaching the accused persons' house he found her dead. The wife of the informant was shocked and became unconscious. The informant took away his wife to his house and next day morning gave a written report to S.O. Loha Mandi, Agra alleging therein that the in-laws of his daughter have killed her by poisoning.

(3.) On the basis of the written report Ex.Ka-7, the FIR Ex.Ka-8 was lodged and G.D. Ex.Ka-9 was also prepared.