SUNIL KUMAR Vs. STATE OF U. P.

JUDGEMENT

(1.) The present appeal has been preferred by the appellant against the judgment of conviction, dtd. 17/12/2019, and order of sentence, dtd. 19/12/2019, passed by Additional Sessions Judge/Fast Track Court No.1, Etawah in Sessions Trial No. 17 of 2019 (State Vs. Sunil Kumar) whereby the appellant has been convicted under Sec. 302 IPC and sentenced to imprisonment for life with fine of Rs.50,000.00 coupled with a default sentence of five months.

(2.) The FIR of the present case was lodged by Chhottey Lal (PW-1) on 3/10/2018, at about 13.59 hours, as Case Crime No.245 of 2018 at Police Station Sefai, District Etawah, under Ss. 304-B, 498-A, 201 IPC and Sec. 3/4 of Dowry Prohibition Act, against the appellant and five others.

(3.) The prosecution story in the FIR is as follows: the marriage of the appellant was performed with the daughter of informant on 17/4/2014. In the marriage, informant gave Rs.4,00,000.00 (Rs. Four Lacs) cash and a motorcycle to the appellant and his family members 2along with other items worth Rs.2,00,000.00 (Rs. Two Lacs) yet, appellant and his family members were not satisfied and they demanded a car as an additional dowry. When the informant disclosed his inability to give a car, appellant and other accused persons started harassing his daughter (deceased). Informants daughter also gave information that if the demand is not fulfilled she will be murdered. Thereafter, on 12/9/2018, at about 10.00 AM, the informant received an information that in the night of 11/9/2018 due to non-fulfilment of the demand of additional dowry, his daughter has been murdered and her dead body has been disposed off. On getting the information, when the informant arrived at the matrimonial home of his daughter, along with other persons, neither his daughter nor the accused persons including the appellant were found. When the informant and his family members inquired, they came to know that after committing the murder of his daughter, dead body was put on Railway Track and from there, it was recovered by the Police.