RAMESH DEO PANDEY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal was filed against the order of conviction of the appellant dated 3-2-1994. He was sentenced to undergo 5 years R.I. under Section 306, I.P.C. and was also directed to pay a fine of Rs. 500/-. In default of payment of fine he was directed to undergo R.I. for a period of two years.

(2.) The prosecution case as disclosed from the FIR is that Smt. Lalti Devi deceased was married to the appellant some 11 years ago. Gauna ceremony (second marriage) took place three years after the marriage. At the time .of Gauna the appellant and his other family members demanded a motor cycle it dowry. Father of the deceased showed his inability to meet the said demand. Due to financial stringency he could not manage the demand till the death of the deceased. This was cause on account of which the deceased Smt. Lalti Devi was treated cruelly by her- in-laws and the husband. She was abandoned for sometime. Time and again she. was taken to their house by the accused persons. Lastly she was brought back sometime before the incident by Rajesh Kumar Pandey, P.W. 1 and Nand Lal, the brother of the deceased. She was brought back to her parental home by them. At the time of bidai the accused persons told these two brothers that she will not be brought back unless their demand of motor cycle is met by them. In the said circumstances the deceased stayed for about two years at her fathers house. She was brought back to in- laws place by appellant Ramesh Deo Pandey, Amresh Pandey and Suresh Pandey. While doing so they again pressed the father of the deceased to meet their demand of motor cycle. If their demand is not met the treatment meted out to their sister would be worst. Some 4-5 months later Nand Lal went to meet his sister in village Shipur, the in laws house. He met his sister Smt. Lalti Devi. She informed him that unless the demand of motor cycle is met she is likely to lose her life. The deceased Smt. Lalti Devi was carrying a child in her womb. They brought her back to their house. On her arrival at fathers home she again informed them about the cruelty meted out to her at her in laws place. She gave birth to a female child in her Maiyka. She remained there with the newborn child for about one year. She was again brought back by her husband to his house. While doing so he again pressed for the motor cycle. The ceased remained at her in-laws house for about 2 years. Her husband was working in Obra but his parents were not sending the deceased to join her husband at Obra as the demand of mo tor cycle was not made good by her parents as yet.

(3.) P.W. 3 Jeet Narain, nephew of the deceased was working at Vindhyanagar at Sidhl. When On 28/29-3-1989 he came to meet his uncle who was serving at Obra he was informed there that Lalti Devi was seriously ill. He was asked to communicate the message to her parents and brothers, if they want to see her they may reach Shivpur. Jeet Narain, P.W. 3 visited the parents of the deceased next day at about 6.00 a.m. and informed about the situation to PW 1, Rajesh Kumar Pandey. On getting this information he along with his brother Nand Lal and Jeet Narain, P.W. 3, Prem Narain P.W. 2 visited the Sasural of the deceased. They met father-in-law of the deceased, Mooran Dev and inquired from him about the deceased. They were told by him that she was admitted to Kabirchaura Hospital, Varanasi. When they were about to proceed to Varanasi, they" were informed by some villagers that Lalti Devi had died and accused Ramesh Deo, Amresh Dev and Suresh Deo had taken her dead body on a jeep to Obra where.they would perform her last rites. On this information the abovesaid four persons rushed to Obra and came to the quarter of Ramesh, the appellant.They found the dead body of Lalti Devi lying inside the quarter and on a tractor trolly some material for. use in cremation was collected outside his quarter. The father-in-law of the deceased was also present there. There four persons took the dead body into their possession. They placed it on the trolley of the tractor and took it to Police Station Pannuganj. A written report was prepared by Nand Lal who died during the trial. It was scribed by Rajesh Kumar Pandey, P.W. 1. They lodged the report at the concerned Police Station on 29- 3-1989 at 3.30 p.m. The check FIR of the same is Ext. Ka-3. It was prepared by Head Constable, P.W. 4 Bansh Narain, The G.D. Entry of the same is Ext. Ka.4. A case under Section 498-A, I.P.C. was registered against the accused. The investigation of this case was taken up by P.W. 6, Tulsi Ram, the then S.H.O. Pannuganj..He prepared the inquest memo on the body of the deceased, which was brought to the Police Station. This is Ext.Ka.6. After completion of other formalities the body was sent for post mortem through constable S.M. Trivedi, P.W. 12. He came to the quarter and took into his possession Vermilion, Hindi, Bangles, Agarbati and prepared a recovery memo Ext. Ka. 12.