KUSHMA DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) By way of these appeals the two accused who have filed the appeals out of them the appellant of Criminal Appeal No.6611 of 2016 namely Rajesh Kumar breathed his last during pendency of this appeal therefore qua him the appeal is abated.

(2.) The sole surviving appellant Smt. Kushma Devi who is incarcerated since 17/3/2012 has preferred this appeal against the judgement and order dtd. 3/10/2016, passed by learned Additional Sessions Judge/ Fast Track Court No.1, Aligarh in Session Trail No. 164 of 2013 (State of UP vs. Rajesh Kumar and Others), arising out of Case Crime No. 102 of 2012, under Ss. 498-A, 304B, 302/34 Indian Penal Code, 1860 (in short 'I.P.C.'), Police Station- Harduaganj, District Aligarh, whereby the appellant- Smt. Kushma Devi was convicted and sentenced for the offence under Sec. 302/34 I.P.C. for life imprisonment with fine of Rs.20,000.00 and in default of payment of fine, further imprisonment for three months.

(3.) Brief facts of the case giving rise to this appeal are that a written report was submitted by complainant Raj Kumar Singh (father of the deceased) at police station Harduaganj, District Aligarh with the averments that marriage of his daughter Manoj Kumari was solemnized with accused- Rajesh Kumar three years ago. He had given dowry as per his capacity. After marriage accused- Rajesh Kumar and his family members demand motorcycle and Rs.1,00,000.00 (Rupees one lakh) as additional dowry and used to compel his daughter to bring the aforesaid articles. It is further averred that on 16/3/2012, appellant- Rajesh Kumar and his family members had murdered his daughter by pouring kerosene oil on her and setting her ablaze.