PUTAN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri O. P. Tiwari, learned counsel for the accused-appellant, Sri Rajesh Kumar Singh and Sri Alok Saran, learned A.G.A. for the State and perused the record.

(2.) Challenge in this appeal is to the judgment and order dtd. 4/9/2018 passed by learned Additional Sessions Judge, Court No.9, Unnao in Sessions Trial No.54/2015, arising out of Crime No.1902 of 2014, under Ss. 498A, 304B I.P.C. and Sec. 4 of D. P. Act, Police Station Gangaghat, District Unnao whereby the appellant has been convicted and sentenced for a period of three years' rigorous imprisonment with a fine of Rs.8,000.00 for the offence under Sec. 498-A I.P.C. and in default of payment of fine, he has further been directed to undergo three months' additional imprisonment. He has also been convicted and sentenced for a period of ten years' rigorous imprisonment for the offence under Sec. 304B I.P.C. He has also been convicted and sentenced for a period of two years' rigorous imprisonment with a fine of Rs.6000.00 for the offence under Sec. 4 of D. P. Act and in default of payment of fine, he has further been directed to undergo two months' additional simple imprisonment. All the sentences were directed to run concurrently.

(3.) Brief facts of this case are that the first informant, Pyare Lal submitted a written report, Ex. Ka- 1 to Kotwali, Unnao stating therein that his sister, Phoolmati was married to the appellant, Putan two months' ago according to Hindu Rites and they resided in Mohalla Srinagar, Police Station-Gangaghat. His sister was being treated with cruelty quite offenly by the accused-appellant and his family members for non- fulfillment of demand of dowry. This fact was communicated to the first informant by his sister telephonically. The appellant also used to extent threat to the deceased due to non-fulfillment of a tractor. On 1/10/2014, the landlord of his sister, Smt. Sushila informed the first informant on telephone that his sister has been burnt.