SHYAM DEO Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned A.G.A. for the state.

(2.) This appeal challenges the judgment and order dtd. 1/1/2013 passed by Addl. Sessions Judge Court No. 13, Varanasi in Session Trial No. 500 of 2010 (State of U.P. Vs. Shyam Deo and others) convicting the appellants under Sec. 302 read with Sec. 34 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC) with life imprisonment and a fine of 5000/- has also been imposed, in default of which the appellants shall have to under go for further three months imprisonment and appellant no.2 has been convicted under Sec. 498A I.P.C. with three year rigorous imprisonment and a fine of Rs.2000.00 has also been imposed, in default of which the appellant no.2 shall have to go for a term of further two month imprisonment.

(3.) Brief facts as culled out from the record are that the marriage of the deceased was solemnized with Shyam Deo. The F.I.R. discloses that in the wedding the accused-appellants were given enough dowry but despite that they started harassing deceased and demanded a sum of Rs.50,000.00 and a motorcycle. When the said demand could not be fulfilled, the deceased was harassed by all the accused. Some person had conveyed to the informant that the accused persons had poured kerosene oil on the deceased and had tried to set her ablaze. On the basis of the complaint of the brother of the deceased, the First Information Report was registered on 20/4/2010. The investigation started for commission for offence under Sec. 498A and 304B Indian Penal Code read with Sec. 3/4 of the Dowry Prohibition Act. Investigation culminated into charge-sheet being laid against Shyam Deo (husband of the deceased), Vindhyanchali (Sister-in-law/Jethani) under Ss. 498A and 304B of IPC and Sec. 3/4 of D.P. Act. On these brief facts the prosecution was put into motion.