MRITUNJAYA @ TINKU Vs. STATE OF U.P

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order of conviction and sentencing dtd. 25/7/2016 passed by Additional Sessions Judge/Fast Track Court, Jaunpur in S.T. No. 279/2012 (State Vs. Mritunjaya @ Tinku) Case Crime No. 275/2012 under Sec. 498-A, 304-B, 302/34, 323, 506, 326 I.P.C. and Sec. 3/4 of D.P. Act, Police Station - Jalalpur, District - Jaunpur whereby the appellant has been convicted and sentenced to undergo imprisonment for one year with fine of Rs.1,000.00 under Sec. 498-A I.P.C., to undergo imprisonment for life under Sec. 304-B I.P.C. and to undergo imprisonment for six months with fine of Rs.500.00 under Sec. 4 D.P. Act with default stipulation.

(2.) In brief, facts of the case are that Geeta Devi daughter of the informant Shyammilan was married to Tinku son of Ram Sahai on 13/6/2011 after giving gifts, dowry and other household articles as per his capacity. On 26/5/2012 Geeta Devi went to her marital house after marriage where family members of her husband started quarreling with her for dowry and also tendered threatening to her. After five days when informant alongwith his son and brother-in-law went to the marital house of his daughter, the family members of her husband did not permit to meet with his daughter and started demanding dowry. Anyhow when he met with his daughter, she informed about the maltreatment, cruelty committed by her in-laws and non providing of food to her and when the informant wanted to talk with the family members of his daughter, her husband became angry, her father-in-law started threatening that if Rs.50,000.00 and golden chain are not provided, they shall burn his daughter to death. On 12/6/2017 at about 11-12 P.M., the informant received the information that his daughter had been burnt by her in-laws. He came to District Hospital, Jaunpur and saw that his daughter was in serious condition.

(3.) Thereafter, he moved the written complaint Ex. Ka-1 whereupon F.I.R. Ex. Ka-2 was lodged and Kayami G.D. Ex. Ka-3, site plan Ex. Ka-6 and 7 were prepared and after recording the statement, charge-sheet Ex. Ka-8, under Sec. 498A, 323, 506, 326, 304 B I.P.C. and Sec. 3/4 D.P. Act was submitted by the I.O.