SEEMA Vs. STATE OF U. P.

JUDGEMENT

(1.) These criminal appeals have been preferred by appellants Smt. Seema, Devendra Singh and Praveen Singh against the judgment and order dtd. 15/9/2015 passed by Additional District & Sessions Judge / Fast Track Court No.2, Moradabad in Sessions Trial No.1549 of 2008 (State Versus Devendra Singh and others) arising out of case crime no.701 of 2005 under Sec. 498-A, 304-B, 201, 302 IPC and Sec. 3/4 Dowry Prohibition Act, Police Station Asmauli, District Moradabad convicting and sentencing all the appellants for the offence under Sec. 498-A IPC to undergo 2 years rigorous imprisonment with fine of Rs.5000.00 and in default of payment of fine, three months further rigorous imprisonment, for the offence under Sec. 304-B IPC to undergo imprisonment for life, for the offence under sec. 201 IPC to undergo 2 years rigorous imprisonment with fine of Rs.5000.00 and in default of payment of fine, three months further rigorous imprisonment and for the offence under Sec. 4 Dowry Prohibition Act to undergo one year rigorous imprisonment with fine of Rs.5000.00 and in default of payment of fine, three months further rigorous imprisonment. All sentences were directed to run concurrently.

(2.) Factual scenario as culled out from the F.I.R. is that the informant (P.W.1) solemnized the marriage of his daughter with Devendra Singh (accused) on 8/4/2004 in which he spent around six lac rupees, but her husband and in-laws' were not satisfied with the dowry and they used to blame the daughter of the informant for not fulfilling their demand. Daughter of the informant had told this fact to him and other family members when she returned from her matrimonial house. On 30/6/2004, when the informant went to meet his daughter at her in-laws' house, she told that her jeth, jethani and mother-in-law had made a demand of rupees five lacs and started extending torture to her. On 31/10/2004, the informant went to her daughter's place on the occasion of karwachauth and made complaint to Devendra, the husband, regarding harassment and additional demand of dowry. On 18/11/2004, the informant again visited her daughter's matrimonial house, but no one was found over there. On query being made, the neighbours informed that Devendra, his mother, his brother and bhabhi have committed the murder of her daughter due to demand of dowry and also destroyed the evidence thereof. Informant was not informed regarding the death of his daughter. The Police did not lodge any F.I.R. despite efforts of the informant and ultimately by order of the Court, F.I.R. was lodged.

(3.) Initially, the investigation was made by C.O. Harendra Pratap Singh (P.W.4), but subsequently it was transferred to C.O. Brijesh Kumar Srivastava (P.W.5), who conducting the proceedings of investigation, recorded statements of witnesses, prepared site plan Ext. A4 and after completion of entire formalities, charge-sheets Ext. A5 and Ext. A6 were submitted to the Court by the last I.O. Dpy. S.P. Sushil Kumar (P.W.6).