VIJAY KUMAR VERMA Vs. STATE OF U. P.

JUDGEMENT

(1.) This criminal appeal has been filed under Sec. 374 (2) Cr.P.C. against the judgment and order dtd. 30/4/2022 passed by Sessions Judge, Balrampur in Sessions Trial No. 60 of 2017 arising out of Case Crime No. 659 of 2017 relating to Police Station- Mahrajganj Tarai, District- Balrampur, whereby convicted and sentenced the appellant for the offences under S Sec. - 304-B I.P.C. for ten years rigorous imprisonment; under Sec. - 498-A I.P.C. for three years rigorous imprisonment with fine of Rs.3,000.00 and in default of payment of fine, three months additional imprisonment; under Sec. - 4 of Dowry Prohibition Act for two years rigorous imprisonment with fine of Rs.2,000.00 and in default of payment of fine, two months additional imprisonment.

(2.) The prosecution story, in brief, is that the complainant Purushottam lodged the FIR alleging therein that he is a resident of Village- Rajpur Mashmule Sirahia, Police Station- Lalia, District- Balrampur and his daughter Madhuri alias Manorani alias Maniya got married with Vijay (appellant) three years before lodging of the FIR. On 25/3/2017 in the morning, the complainant received information that his daughter had died last night and then, he reached the matrimonial home of the deceased and saw that there were many injury marks on the back of her daughter and a cut mark on the sole of her foot, so it appears that his daughter was murdered because the husband of the his daughter repeatedly demanded gold chain and ring. On the basis of written report given by the complainant, on 25/3/2017 at 10.30 am, the FIR was lodged against the appellant Vijay Kumar Verma under Secs. 498A, 304B of the Indian Penal Code and Secs. 3/4 of Dowry Prohibition Act as Case Crime No. 659/2017.

(3.) During course of investigation, the investigating officer recorded the statement of the complainant and prepared the site plan as Ex-ka-6. He also recorded the statement of other required witnesses.