SHIV SAHAI SHUKLA Vs. STATE OF U.P.

JUDGEMENT

(1.) This application seeks amendment in prayer clause of the application.

(2.) By way of this application under Sec. 482 CrPC the applicant have prayed (as per amended prayer) for quashing of the order dtd. 21/4/2009 passed by the learned Special Judge, SC/ST Act, Gonda in Sessions Trial No.142 of 2004 arising out of Crime No.015 of 2004 , under Ss. 498-A and 304-B IPC read with Sec. 3/4 D.P. Act. It is stated at the Bar that applicant no. 1 has expired.

(3.) An FIR vide Crime No.015 of 2004, under Ss. 498-A, 304-B IPC read with Sec. 3/4 D.P. Act at Police Station Kaudiya, District Gonda on a written complaint of uncle of the deceased, Pammi; it was alleged that the deceased was married to Vinay Kant, alias Babu; marriage took place 5 years before the date of incident; it was further alleged that the accused, named in the FIR, i.e. husband, father-in-law, mother-in-law, two elder brother-in-laws and sister-in-laws were not satisfied with the dowry given at the time of marriage, they were demanding hero-honda motorcycle and one golden chain as additional dowry; all these accused would torture and subject the deceased to cruelty for the additional dowry; on 28/2/2004, information was given to the complainant that the deceased had died and when the family members, including the complainant, reached at the place of incident, they found the deceased lying dead. It was alleged that the in-laws, named in the FIR, had killed the deceased for the dowry demand.