DHARMENDAR Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal challenges the judgment and order dtd. 3/11/2010 passed by Additional Sessions Judge, Court No.1, Ramabai Nagar, Kanpur Dehat, in Sessions Trial No.114 of 2009 (State Vs. Dharmendra and others) arising out from case Crime No.89 of 2008, under Ss. 498A/ 304B IPC and Sec. D.P. Act, Police Station Sikandra, District Ramabai Nagar (Kanpur Dehat) convicting the appellants under Sec. 498A/304B IPC and Sec. 4 D.P. Act and sentencing appellant no.1 under Sec. 304B IPC for life imprisonment and Sec. 498A of IPC for rigorous imprisonment of 3 years and fine of Rs.5,000.00 and Sec. 4 of D.P. Act for rigorous imprisonment of 2 years and fine of Rs.5,000.00 and in default of payment of fine the appellant no.1 convicting under Sec. 498A IPC for additional rigorous imprisonment of 6 months and Sec. 4 of D.P. Act, additional rigorous imprisonment of 6 months, appellant no.2 - Ansho Devi convicting under Sec. 304B for rigorous imprisonment of 6 years, under Sec. 498A IPC for rigorous imprisonment of 2 years and fine of Rs.3,000.00 and Sec. 4 of D.P. Act for rigorous imprisonment of one year and fine of Rs.2,000.00 and in default of payment of fine the appellant no.2 under Sec. 498A IPC additional rigorous imprisonment of 3 months and Sec. 4 of D.P. Act additional rigorous imprisonment of 2 months and appellant no.3 - Ram Kishun under Sec. 304B for rigorous imprisonment of 7 years and under Sec. 304B IPC for rigorous imprisonment of one year and fine of Rs.2,000.00 and Sec. 4 of D.P. Act for Neutral Citation No. - 2023:AHC:19931-DB rigorous imprisonment of 6 months and fine of Rs.1,000.00 and in default of payment of fine, the appellant no.3 convicting under Sec. 498A additional rigorous imprisonment of 2 months and Sec. 4 of D.P. Act additional rigorous imprisonment of 1 month and all the sentences shall run concurrently.

(2.) The facts in brief is that Smt Sita Devi, the daughter of the complainant Gorelal, was got married to the accused Dharmendra s/o Ram Kishun on 10/5/7 as per Hindu rituals. Shortly after the marriage, Dharmendra and his father Ram Kishun as also Ram Kishun's wife Smt Ansho Devi started physically assaulting the daughter of the complainant and used to demand a motor cycle and gold chain otherwise they would kill her some day. On 30/4/8 at about 12.00 in the night the above accused poured kerosene oil on the daughter of the complainant and set her on fire and the information of which was received by the complainant through certain reliable sources on 1/5/8 at 4.00 in the morning. The complainant immediately rushed to her daughter's place with several persons where he came to know that her daughter was completely burnt and she was got admitted in hospital in Kanpur. The incident was witnessed by several villagers. The complainant is of firm belief that the accused have burnt his daughter to death as the dowry demand could not be fulfilled.

(3.) Investigation was moved into motion. After recording statements of various persons, the investigating officer submitted the charge-sheet. The learned Chief Judicial Magistrate before whom charge sheet was laid put the same before the learned Sessions Judge. The learned Sessions Judge, on hearing the learned Government Advocate and learned counsel for the accused, framed charges.