SHISHUPAL SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Present criminal appeal challenges judgment and order dtd. 15/10/2007 passed by the learned Additional Sessions Judge/Fast Track Court, Court No. 3, Mainpuri, in Sessions Trial No.159 of 2006 (State Vs. Shishupal Singh) arising out of Case Crime No. 118 of 2006 under Ss. 498-A, 304B I.P.C.and Ss. D.P. Act Police Station-Bewar, District-Mainpuri, whereby the learned Additional Sessions Judge/Fast Track Court, Court No. 3, Mainpuri has convicted the accused-appellant, Shishupal Singh for commission of offence under Sec. 302 of Indian Penal Code, 1860 (for short 'IPC') and sentenced him to undergo imprisonment for life with fine of Rs.5,000.00 and in default thereof, to further undergo six months additional imprisonment.

(2.) Heard Sri Shashi Shekhar Mishra, learned Amicus Curiae for the accused-appellant and learned A.G.A. for the State.

(3.) Brief facts of the case is that the informant/P.W.1 Vidya Devi has given a written report (Exhibit-ka/1) on 4/3/2006 to the Police Station-Bevar, District-Mainpuri alleging therein that the marriage of her daughter, namely, Laxmi Devi was solemnised with the accused-appellant Shishupal four years ago by giving a lot of dowry. Just after the marriage, the husband of her daughter Laxmi Devi i.e. the accused-appellant, her mother-in-law Gangadevi, father-in-law Subedar Singh and elder-brother-in-law (Jeth) used to harass, torture and beat her for additional demand of dowry, due to which the informant/P.W.-1 did not send her to her in-laws' place and she kept her at her place. It is further alleged that in-laws of her daughter wanted to solemnize the marriage of Shishupal at another place after killing her daughter. Nandoi of daughter of the informant (husband of her sister-in-law), namely, Grish Chandra along with Kishanpal came to her place 20 days ago, to take her daughter along with them to the place of her in-laws and both of them gave an assurance that nothing wrong would happen in future with her daughter and guaranteed her that if anything happens now, it would be their responsibility. On the said persuasion, the informant/P.W.-1 sent her daughter Laxmi Devi with them. Lakshmi herself was a student of B.A. and Lakshmi's husband used to work in P.A.C. On 3/3/2006 at around 8:00 a.m., neighbour of the informant, namely, Ram Kishan informed her that Lakshmi's health is bad, at that time she was at her second daughter Triveni's in-laws house. Neighbour of the informant, namely, Lal Ram and son of her brother-in-law (Jeth) along with his family went to the place of occurrence i.e. Bevar. When they came to know that the daughter of the informant i.e. Laxmi had gone to Government Hospital, Mainpuri, they went to Mainpuri. On reaching Maipuri they saw the daughter of the informant in dead condition at Mortuary. At mortuary, apart from the neighbour of the informant, namely, Lal Ram and son of her brother-in-law (Jeth) along with his family, only the father-in-law of Laxmi was present from the side of her in-laws. After the post-mortem, neighbour of the informant, namely, Lal Ram and son of her brother-in-law (Jeth) along with his family requested the father-in-law of Laxmi to cremate her body after her mother would come but he refused to do the same. After some time, other people came from the side of Laxmi in-laws, who forcefully took her daughter's dead body by a Tempo. Thereafter the family members of the informant came directly to her village and after coming there, they called her from her second daughter in-laws' place and disclosed the entire incident to her. Then the informant has come to lodge the report. It is further alleged that the in-laws of her daughter Laxmi have not even allowed her to see her daughter's dead body. All the people of the daughter in-laws have locked their house and fled. The informant has also came to know that the statement of her daughter Laxmi was recorded in the hospital. After the daughter's marriage, it was revealed that the accused-appellant Shishupal had secretly married with another girl. In the murder of her daughter, all the above accused have conspired and killed her for the sake of dowry. It is further alleged that since the informant/P.W. -1 was helpless, she could not fulfil the demand of motorcyle of her in-laws and that's why all of them have burnt her daughter to death. On reaching the spot, the informant was informed by the neighbours of her daughter's in-laws that all the above accused were beating her daughter and after holding her by the other accused, the accused-appellant Shishupala had poured kerosene oil and set her on fire. 25 years ago the husband of the informant had died and thereafter somehow she solemnized the marriage of their daughters after giving dowries.