DHARMENDRA SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) By way of this appeal the appellant Dharmendra Singh has challenged the judgement and order dtd. 17/3/2016 and order dtd. 18/3/2016 passed by learned Additional Sessions Judge/ FTC (Women Criminal Case) Court No.13, Shahjahanpur in Session Trial No.330 of 2012 (State Vs. Dharendra Singh & others) arising out of Case Crime No.175 of 2012, under Ss. 498A, 304B IPC and 3/4 Dowry Prohibition Act, Police Station- Tilhar, District- Shahjahanpur, whereby accused/appellant was convicted and sentenced under Sec. 302 IPC for a rigorous life imprisonment with the fine of Rs.20,000.00 and in default of payment of fine, the appellant shall further undergone for five months simple imprisonment.

(2.) The brief facts of the case as culled out from the record are that a first information report was filed by informant Dhakan Lal at Police Station- Tilhar, District- Shahjahanpur with the averments that the marriage of his daughter, aged 25 years, was solemnized with Dharmendra before two years, in which he has given dowry as per his financial condition, but after marriage Dharmendra and his parents started demanding a motorcycle as additional dowry. Due to non-fulfilment of the aforesaid demand, they started torturing his daughter. Today morning, he had information that Dharmendra and his parents have killed his daughter for want of additional dowry. On this information, the informant went to the matrimonial home of his daughter and found that his daughter's dead body was lying on the cot. A Case Crime No.175 of 2012 was registered at Police Station- Tilhar, District- Shahjahanpur u/s 304B, 498A IPC and u/s 3/4 Dowry Prohibition Act.

(3.) The law set into motion and investigation started. The dead body of the deceased was sent to post mortem after conducting the inquest proceedings. Doctor conducted the post mortem and prepared post mortem report. During the course of investigation, I.O. recorded the statements of witnesses u/s 161 of Cr.P.C. After completion of investigation, a charge sheet was submitted against the accused Dharmendra Singh, Mahesh Pal and Smt. Premwati u/s 304B, 498A IPC and 3/4 Dowry Prohibition Act and in alternative u/s 302 IPC and further u/s 4 Dowry Prohibition Act. Accused persons denied the charges and claimed to be tried.