STATE OF U.P. Vs. ANIL KUMAR

JUDGEMENT

(1.) Upon the death of Krishna Kumari, the daughter of the first informant Lajja Ram Baisala, a First Information Report was lodged on 18/12/2014 with the allegation that Krishna Kumari, who was the daughter of the first informant, had been married to Lalit Mohan Poswal on 15/2/2014 and that Lalit Mohan Poswal; his father Anil Kumar; his mother Simla @ Seema and sister Bhawna tortured Krishna Kumari mentally as well as physically for getting further dowry and ultimately killed her. In the First Information Report, it was stated that the deceased on various occasions had complained about physical torture. It was also stated that the first informant had on three occasions visited the house of the in-laws of the deceased daughter to make them understand that it was not possible for him to give further dowry, yet the in-laws kept on demanding further dowry. It was alleged that the in-laws of the deceased daughter openly asked for a Fortuner Car; 11 lacs rupees; 40 tola gold; a big necklace for the mother-in-law and a gold chain for the husband. It was stated in the First Information Report that the first informant was told by his deceased daughter on an earlier occasion that she used to tell her in-laws that her father would not be able to give any further dowry as he had three more daughters to look after. She allegedly also used to tell her father-in-law that she was in a job earning Rs.40,000.00 per month and which money she was always giving to her in-laws. Ultimately in the First Information Report it was alleged that the daughter of the first informant was murdered by the accused on 18/12/2014 for dowry. In this connection, the allegation was that Lalit Mohan Poswal (husband of the deceased daughter); Anil Kumar (father-in-law); Simla @ Seema (mother-in-law); Bhawna (nanad) and Tejpal (mama of Lalit Mohan Poswal) were responsible for the death of Krishna Kumari, the daughter of the first informant and it was prayed that they be punished for having committed murder.

(2.) The police investigated into the matter and submitted its charge-sheet before the Court which in its turn framed charges against Lalit Mohan Poswal; Anil Kumar, Smt. Simla @ Seema under Sec. 498-A, 304-B, 120-B and 302/34 of Indian Penal Code and Sec. 4 of Dowry Prohibition Act on 20/6/2016. On 22/11/2016 charges were also framed against Tejpal and Bhawna under the very same Sec. of Indian Penal Code and Dowry Prohibition Act. Since twice charges were framed, two Sessions Trials came into existence namely Sessions Trial No.332 of 2015 and Sessions Trial No.239 of 2016.

(3.) A trial was undergone. In it, the prosecution had produced nine prosecution witnesses and the defence had produced 14 defence witnesses. The accused were given an opportunity to give their statements under Sec. 313 Cr.P.C.