SATYAWAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been filed under Sec. 374 (2) Cr.P.C. against the judgment and order dtd. 31/8/2019 in S.T. No. 502 of 2015 passed by Additional Sessions Judge, Court No. 4/Special Judge E.C. Act, Sitapur convicting and sentencing the appellant to undergo 10 years rigorous imprisonment under Ss. 304-B I.P.C and 498-A I.P.C. and two years rigorous imprisonment for offence under Sec. 4 D.P. Act. The appellant was sentneced with fine of Rs.10,000.00 and in default of payment of fine three months additional rigorous imprisonment and all the sentences shall run concurrently.

(2.) Brief facts of the case are that the complainant @ Sonelal lodged the written report with allegation that her daughter- Sharmila aged about 25 years was married with appellant- Satyawan four years back of the incident as per Hindu rites and rituals. During marriage he has given sufficient dowry according to his financial capacity but the appellant's family was not satisfied with the dowry. After the marriage on account of additional demand of dowry, Rakesh Kumar (Pinku), Narendra Kumar, Satyawan, Ajai Kumar, Jitendra Kumar, Manu, Suresh Chandra and Reshmavati used to harassment and torture to her daughter. The complainant tried to pacify this matter but they continuously harassed her daughter. On 8/6/2015 at about 1:00 p.m. aforesaid persons inflicted injuries to her daughter for demand of dowry and she was done to death by pressing her mouth.

(3.) On the basis of written report the F.I.R. was lodged against the appellant-Satyawan and other co-accused persons- Rakesh Kumar (Pinku), Narendra Kumar, Ajai Kumar, Jitendra Kumar, Manu, Suresh Chandra and Reshmavati as case crime no. 128 of 2015 under Ss. 498-A, 304- B I.P.C. and 3/4 of the D.P. Act. Before the investigation of this case, inquest of the dead body was done by Rajesh Chandra, Tehsildar, Mahmudabad, Sitapur on 8/6/2015 in presence of inquest witnesses. Inquest report was marked as Exbt. Ka-6. As per opinion of the punches witnesses cause of death could not be ascertained, therefore, the dead body was sent to District Hospital for autopsy.