AMIT KUMAR DUBEY Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Sudeep Dwivedi, learned counsel for the appellant and learned A.G.A. for the State.

(2.) The present appeal challenges the judgment and order dtd. 28/4/2010 passed by Additional Sessions Judge/Fast Track Court No. 1, Mirzapur in Sessions Trial No. 148 of 2009 (State Vs. Amit Kumar Dubey) convicting and sentencing the appellant alone under Sec. 498-A of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') for three years simple imprisonment with fine of Rs.5,000.00, further sentenced him under Sec. 304-B IPC for life imprisonment and also sentenced him under Sec. 4 of Dowry Prohibition Act with fine of Rs.10,000.00. In case of default of payment of fine, further to undergo imprisonment for 6-6 months additional imprisonment.

(3.) Factual data as culled out from the record is that a First Information Report being Case Crime No. 45 of 2009 was lodged on 13/3/2009 at Police Station Padari, District Mirzapur on the complaint made by one Uma Shanker, resident of Village Mahdauri, Police Station Padari, District Mirzapur, who stated that his daughter namely Sunita Kumari was married to Amit Kumar s/o Hajara, resident of Ratnabo Chhitam Patti, Police Station Padari, Mirzapur six years ago according to Hindu Rites and Ritual. In the F.I.R. it was mentioned that after three years of the marriage, the husband of the deceased was demanding a sum of Rs.50,000.00 and golden chain time and again and when his demands were not fulfilled, his daughter was being harassed and after beating her, she was sent to parental home. His daughter told regarding demand of Rs.50,000.00 by her husband. Thereafter on the assurance of informant, her daughter was taken away to his house by son-in-law. It is further mentioned that the deceased was harassed by his son-in-law. On being called by her daughter, informant went to her house and his daughter stated that in case she will not take away to her home, they will kill her. The informant taken away her daughter to his home. In the year 2008 on the occasion of Dhanteras, when the informant went to the shop of his son-in-law, he demanded the aforesaid money from the informant and when the informant asked some time, he was assaulted by knife and he was injured. This incident was registered at the police station. His daughter was residing at his house. It is further stated that on 13/12/2008, on the pressure and assurance made by the Station Officer, Police Station Padari that his daughter shall be secured, his daughter was sent with his son-in-law. On 10/3/2009, his son Kamlesh went to meet his sister on the occasion of Holi where Amit Kumar and his grandmother met him but he was refused to meet his sister and after saying that she went to take medicine at Ganga, his son Kamlesh was returned. On 12/3/2009 again his son Kamlesh went to the house of his sister to meet her where he was informed by Amit Kumar and his grandmother that his sister did not return to home. On 13/3/2009 at about 11.00 A.M., informant and his sons namely Kamlesh and Suresh went to the house of Amit Kumar and asked about his daughter, the same fact was told. Then the informant asked from neighbourer about his daughter and he came to know that they heard shrieks on being beaten by Amit and after some time, she became mum. Thereafter he alongwith his sons went to the room of deceased where door was locked and some smelling was coming out. On the request of telephonic message, two constables came on the spot and lock was broken then it was found that his daughter was kept dead in nagged condition. Thereafter F.I.R. was lodged against Amit Kumar and his grandmother.