MANOJ SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) The appeal has been preferred by the appellant-Manoj Sharma against the judgment and order dtd. 30/6/2015, passed by Additional Sessions Judge, Hapur in Session Trail No. 1534 of 2012 (State of UP vs. Manoj Sharma and others), arising out of Case Crime No. 157 of 2012, under Ss. 498-A, 302, 304-B I.P.C. and Sec. 3/4 of D.P. Act, Police Station Hapur Dehat, District Hapur whereby the appellant is convicted and sentenced for the offence under Ss. 302 and 304-B I.P.C. for life imprisonment with a fine and in default of payment of fine.

(2.) Brief facts of the case giving rise to this appeal are that a written report was submitted by informant-Mohan Sharma at police station Hapur Dehat, District Hapur with the averments that marriage of his daughter Anshu Sharma was solemnized with the accused-Manoj Sharma on 1/3/2009 in Hapur. After the marriage, husband, father-in-law, mother-in-law, brother-in-law and sister-in-law of deceased Anshu Sharma have started the demand of additional dowry and they used to demand of one Alto car and Rs.2.00 lacs in cash as demand of additional dowry. The financial position of informant was not such as to meet out the aforesaid demand, therefore, all the aforesaid persons started cruelty and torturing to his daughter. On 20/3/2012 at about 02:46 PM, his daughter made a phone call to the informant and told that due to non fulfilment of demand of additional dowry, her husband and his family members beating her.

(3.) It is also averred in the written report that informant and his wife went to the matrimonial home of their daughter, where they saw that dead body of their daughter was lying in the courtyard of the house and there were injuries mark on her body. On the basis of the aforesaid written report, a case crime no.157 of 2012 was registered at police station Hapur Dehat under Ss. 498-A, 304-B I.P.C. and Sec. 3/4 of Dowry Prohibition Act. Investigating Officer took up the investigation, he visited the spot and prepared the site plan. Inquest proceedings were started and inquest report was prepared. Dead body of the deceased was sent for post-mortem where the doctor conducted the post-mortem on her body and prepared the post-mortem report.