RAJOLA Vs. STATE OF U.P.

JUDGEMENT

(1.) These criminal appeals arise from the judgment and order dtd. 31/7/2012 passed by the Additional District and Sessions Judge, Court No. 3, Jhansi in Sessions Trial No. 133 of 2007 (State Vs. Sunil Kumar Yadav and another), arising out of Crime No. 193 of 2006, under Sec. 302 read with Sec. 34, 498-A IPC and Sec. 4 Dowry Prohibition Act, Police Station Erach, District Jhansi, whereby the appellants Smt. Rajola, Raj Kumar @ Majhaley, Smt. Ram Dulari @ Uma, Neetu @ Ram Kumar and Sunil Kumar Yadav have been convicted and sentenced under Sec. 302/34 IPC with life imprisonment and fine of Rs.10,000.00 each; in default of payment of fine to undergo additional imprisonment for a period of six months; under Sec. 498-A IPC with three years imprisonment and fine of Rs.2,000.00 each; in default of payment of fine to undergo additional imprisonment for a period of two months and under Sec. 4 Dowry Prohibition Act with one year imprisonment and fine of Rs.1,000.00 each, in default of payment of fine to undergo additional imprisonment for a period of one month.

(2.) The prosecution case in brief is that, on 1/11/2006 at about 5.10 a.m., an F.I.R. was lodged at the police Station Erach, District Jhansi by the informant Manmohan Singh, the father of the deceased r/o Village Puraini, Police Station Bhoganipur, District Kanpur Dehat by filing a written report stating therein that his daughter Smt. Anita Yadav aged about 26 years was wedded to Sunil Kumar Yadav R/s Village Dikauli, Police Station Erach, District Jhansi six years prior to the incident. Sufficient dowry was given in marriage, but his daughter told him that her husband Sunil Kumar, mother-in-law Smt. Rajola, brother-in-law Raj Kumar @ Majhale, his wife and younger brother-in-law Neetu aged about 20 years used to torture her in relation to the demand of Rs. One lac for purchasing a tractor. The first informant stated that he helped as much as he could to purchase the tractor. Again, they pressed his daughter to bring a motorcycle from her father and subjected her to harassment for not fulfilling their demand. His daughter informed him about this then he along with other members of his family went to village Dikauli and expressed their inability to pay money for the motorcycle and also asked to bring his daughter with him but they did not see her off. The first informant returned to his village. On 31/10/2006, in the night at about 8 p.m., his daughter phoned and told that the inmates of her sasural were beating her and pleaded him to rescue her. At that information, he along with the other family members arrived at the matrimonial home of his daughter at about 2 o'clock in the night where he found the door of the house closed from outside. He got it opened by Rameshwar, uncle of his son-in-law and there he found that his daughter Anita was lying dead in the room who was set ablaze. On the basis of the written report (Tahreer), the case was registered as Crime No. 193 of 2006 under Ss. 498-A, 304-B IPC Sec. 3/4 Dowry Prohibition Act. The detail of the case was entered in the G.D. report No. 6.

(3.) The investigation of the case was handed over to the circle officer Garautha.