TAJEEM Vs. STATE OF U.P.PRIN. SECY.

JUDGEMENT

(1.) This criminal appeal has been filed under Sec. 374 (2) Cr.P.C. against the judgment and order dtd. 14/9/2022 passed by Additional District and Sessions Judge, Sitapur in Sessions Trial No. 809 of 2013 arising out of Case Crime No. 51 of 2013 relating to Police Station- Khairabad, District- Sitapur, whereby convicted and sentenced the appellant for the offences under sec. -304-B I.P.C. for fourteen years rigorous imprisonment with fine of Rs.5,000.00 and in default of payment of fine, three months additional simple imprisonment; under Sec. - 498-A I.P.C. for three years rigorous imprisonment with fine of Rs.2,000.00 and in default of payment of fine, two months additional simple imprisonment; under Sec. - 201 IPC for two years imprisonment with fine of Rs.2,000.00 and in default of payment of fine, two months additional simple imprisonment; and under Sec. - 4 of Dowry Prohibition Act for one year rigorous imprisonment with fine of Rs.1,000.00 and in default of payment of fine, one month additional simple imprisonment.

(2.) The prosecution story, in brief, is that the complainant Qamar Jahan, W/o Imamuddin is a resident of Biswan, Sitapur. The complainant had married her daughter Tarannum with Tajeem (appellant) about 18 months ago. In the marriage, the applicant had given dowry according to her status, but the accused-appellant and her mother Asiya, Aafaq and Aafaq and his wife and Sajia Bano were not happy with the dowry given and the additional dowry demand of motorcycle was being raised. On non-fulfillment of the demand, they used to harass the daughter of the complainant right from the time of her marriage and on 1/4/2013, they killed the complainant's daughter by thrashing her and hanging her with a rope around her neck and buried the dead body secretly. On getting information from others, when the complainant went to matrimonial house of her daughter and inquired about her daughter (deceased), the family members of the appellant chased the complainant away from their house by abusing her and extended threat that if you take any legal action, I will kill you too. On the basis of written report, the First Information Report was registered against the appellant and other family members in Case Crime No. 51 of 2013, under Secs. 498A, 304B, 302, 201, 504, 506 IPC and 3/4 of Dowry Prohibition Act on 2/4/2013 at police station- Khairabad, District- Sitapur.

(3.) During course of investigation, on 3/4/2013 on receiving oral information from the City Magistrate, the Nayab Tehsildar Rohit Kumar Maurya reached the place of occurrence near the cemetery secretariat. The Sub-Inspector Vidyashankar Shukla of Thana Khairabad was already present there. As per the instructions of Additional District Magistrate, Sitapur and City Magistrate, the proceedings of Panchayatnama were conducted by them. An arbitrator was appointed from among the people present there and after taking the opinion of the arbitrators, S.I. Vidyashankar prepared the panchayatnama under his direction. Thereafter, the dead body was sealed and relevant police papers for postmortem were handed over to Constable Vijay Kumar Verma and Pindarlal. After preparing the relevant papers relating to postmortem, the dead body was sent for post mortem and the same was conducted by the PW-4, Dr. Rakesh Kumar, Senior Consultant on 3/4/2013 at district hospital, Sitapur and prepared post mortem report. The doctor opined that the cause of death was due to hanging. The time of death of the deceased may be about three days ago i.e. on 1/4/2013.