RAMESH CHANDRA GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal revision has been filed by Ramesh Chandra Gupta challenging the order of acquittal passed by Additional Sessions Judge/Fast Track Court No. 2, Unnao, dated 5th of September 2007, in Session Trial No. 363 of 2003, under section 498A, 304B I.P.C and section 3/4 of Dowry Prohibition Act, Police Station- Purwa, District Unnao.

(2.) Brief facts are as follows, a first information report was lodged by Ramesh Chandra Gupta in Police Station Purwa on 1st July 2003 at about 1:50 PM alleging that his daughter Kanchan Gupta was married with Manoj Gupta son of Bharat Gupta on 19th of May 2002 Manoj Gupta, from his childhood, was living with his Bua Smt Indrani Gupta and Fufa Durgesh Gupta in their residence Kastolwa kasba Purwa, District Unnao. He has spent and given Rs.51,000/- cash, fridge, motorcycle, colour TV and ornaments in dowry. Bua and Fufa of Manoj Gupta had performed/arranged the marriage, but they were not satisfied with the dowry and started demanding One Lakh rupee cash from the very beginning. His daughter returned to her parental house after Chauthi ceremony and when she returned back to her matrimonial house, they threatened her to kill by burning and did not perform bidai for seven months. On 18th of April 2003, his daughter came back to her parent's house and she told them that they are inclined to kill her and are also inclined to remarry Manoj. On 30th June 2003,at about 8 AM a person told them that Manoj, Durgesh and Indrani had killed her by burning. On this information, when informant along with his son Vipin was going to Purwa, he met with Manoj at Basaha Tiraha, who was taking his daughter to Lucknow on a jeep. The whole body of his daughter was burned. When he asked from his daughter then she told him that the above three persons have burned her for non-payment of one lakh rupees. Informant went to Lucknow on the same jeep and on the way his daughter repeatedly told him the same fact. She succumbed to the burn injuries before reaching Medical College Lucknow. Her postmortem was conducted in Lucknow o 30th of June 2003.

(3.) On this report a first information report was lodged against Manoj Kumar Gupta, Durgesh Gupta and Indrani Gupta under section 498A, 304B IPC and section 3/4 Dowry Prohibition Act. After investigation, charge-sheet was submitted against them under the above sections.