MAHENDRA KUMAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Ram Milan Mishra, learned counsel for the appellant, Sri Vikas Goswami, learned AGA for the State and Sri Vikas Tripathi, learned counsel for respondent informant and perused the record. There is a connected defective criminal appeal which is of the year 2018, preferred by the original informant. This appeal is also heard along with the present appeal. 3. Appeal No. 6058 of 2018 has been preferred by the appellant Mahendra Kumar against the judgment and order dtd. 25/9/2018 passed by Additional Session Judge/FTC (Crime against Women) Jaunpur, in S.T. No. 306 OF 2015, arising out of Case Crime No. 262 of 2015, under Ss. 498A, 304B IPC and 3/4 D.P. Act (State vs. Mahendra Kumar and another), P.S. Sujanganj, District Jaunpur, whereby the appellant is convicted and sentenced for the commission of offence under Sec. 498A IPC, for 2 years R.I. and fine of Rs.5,000.00 and in default of payment of fine for two months additional imprisonment to the accussed appellant and further sentincing under Sec. 304B IPC for 10 years R.I., under Sec. 4 D.P. Act for one year imprisonment and fine of Rs.1,000.00 and in default of payment of fine one month additional imprisonment and all the sentences shall run concurrently. . 4. The brief facts as revealed from the record and proceedings are that the incident occurred on 16/5/2015 namely within one year of the marriage, as the marriage took place on 8/6/2014 between appellant Mahendra Kumar and the deceased. The father of the deceaed lodged the FIR alleging therein that his daughter was being harassed for not bringing proper dowry. It was alleged that her in-laws demanded a sum of Rs.1,00,000.00 (Rs. One lakh) and a gold chain. Immediately before the death for harassing her she has also been physically tortured. After having knowledge of this atrocity of the in-laws, the complainant along with his family members went to house of the in-laws of his daughter and showed their inability to pay a sum of Rs. 1,00,000/- and a gold chain, but they were threatened with dire consequences. On 16/5/2015 in the night, the accused persons/in-laws of his daughter along with her husband committed murder of the deceased and hanged her. The informant or his family members were not communicated about anything regarding the death of the deceased. The informant got the information about the incident from village people. The first information report was lodged by the complainant / father of the deceased on 27/5/2015. The investigation was conducted by investigating officer and after recording statement of the witnesses under Sec. 161 Cr.P.C. and preparing the punchanama, and after the post mortem of the deceased, conducted by Dr. Ashutosh Pandey who opined that the cause of death was Asphyxia as a result of ante-mortem hanging, the Investigating Officer submitted the charge sheet against the accused Mahendra Kumar and Champa Devi. 5. The learned magistrate before whom charge sheet was laid, as the offences were triable by court of sessions, committed the case to the court of sessions, The Additional Sessions Judge framed the charges on 4/7/2016 and accused persons denied the charges and claimed to be tried. 6. The prosecution examined following witnesses:-