PANKAJ TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) UNDER challenge in this appeal is the judgment and order dated 16.5.2007, passed by the Sessions Judge, Bahraich in Sessions Trial No. 234 of 2006, convicting the appellants under Sections 498 -A, 304 -B IPC and Section 4 of Dowry Prohibition Act and sentencing each of them to undergo rigorous imprisonment of one year with a fine of Rs.2000/ - and in default of payment of fine, to further undergo six months' imprisonment under Section 498 -A IPC, rigorous imprisonment of one year with a fine of Rs. 5000/ - and in default of payment of fine, and to undergo imprisonment of one year under Section 4 of Dowry Prohibition Act, and life imprisonment under Section 304 -B IPC. All the sentences were directed to run concurrently.

(2.) BRIEFLY stated, according to the prosecution case, report of the incident was lodged by Jagdish Prasad on 16.8.2006 at 7 -15 p.m, alleging that he had married his daughter Gudiya (since deceased) on 28.6.2005 with Pankaj Tiwari according to Hindu rites and had given rupees 1.5 lacs in dowry. The accused persons used to harass the deceased to fulfill their demand of a motor -bike and a ring. The deceased had made complaints about this demand with her parents. The complainant expressed his inability to meet the said demand. On 12.8.2006, Shanker Lal, father -in -law of the deceased took her to his village Hemnapur. On 16.8.2006 at about 2 p.m, the complainant received a phone call informing that his daughter had died. He reached village Hemnapur and found her daughter lying dead and it appeared to him that she was killed and then hanged to give a colour of suicide by hanging. On the basis of written report Ext.Ka 1, case crime no. 200/06 was registered at P.S. Baundi. The chik report is Ext.Ka 2.

(3.) AFTER registration of the case, investigation commenced. The Investigating Officer prepared the site -plan of the place of occurrence, which is Ext.Ka 3. He took into his custody one coloured Saree under recovery memo Ext.Ka 5. Photo -lash is Ext.Ka 6; letter to C.M.O is Ext.Ka 7; sample seal is Ext.Ka 9; challan -lash is Ext.Ka 10; letter to R.I is Ext.Ka 11 and letters for post -mortem examination are Exts.Ka 12 and 13.