DEENA NATH DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) Under challenge in the instant criminal appeal is the judgment and order dated 01.03.2011 passed by learned Additional Sessions Judge, Court No.4, Faizabad, in Sessions Trial No.64 of 2009 arising out of Case Crime No.1074 of 2008, Police Station Kotwali Bikapur, District Faizabad, whereby the appellant-Deena Nath Dubey was tried for the charges under Sections 498-A and 304-B IPC but he was convicted for the offence under Section 498-A IPC and was sentenced to undergo rigorous imprisonment for a period of three years and also with fine of Rs.5,000/- and he was also convicted for the offence under Section 304 part II IPC and was sentenced to undergo rigorous imprisonment for a period of 10 years and also with fine of Rs.10,000/- with default stipulation of one year's additional rigorous imprisonment. All the sentences were directed to run concurrently.

(2.) Brief facts necessary for the disposal of the present appeal are that the complainant Surya Narayan Pandey lodged an FIR at Police Station Bikapur on 08.11.2008 alleging therein that his daughter Poonam was married with Sadanand Dubey who is son of the present appellant. The marriage was solemnized about 5-6 years prior to her death. No vida ceremony took place in marriage. However, after three years of the marriage ceremony the gauna ceremony took place and in dowry Rs.51,000/- cash and other items were given but the complainant could not give Hero Honda motorcycle in dowry as demanded by the appellant. Because of the non-fulfillment of this demand of dowry his daughter Poonam was treated with cruelty in different manners. Whenever she used to come to her parental home then she used to narrate the cruelty which she was facing in connection with the dowry demand, but the family of the deceased used to console her that bad weather of his life shall pass away. The appellant declined to send her on the occasion of marriage of her younger sister Kavita only because of the non-fulfillment of his demand. Marriage ceremony of the younger sister of the deceased took place on 22.04.2008. The appellant had threatened the complainant side that in case his demand is not fulfilled then he shall remarry his son Sadanand after killing the victim. On 08.11.2008 at about 7-8 a.m. the complainant got an information that his daughter Poonam has been killed by the present appellant and his wife and his daughter Saroj. This FIR was lodged at the police station on the same day at 10.20 a.m. and inquest proceedings took place and the dead body of the deceased was sent for post mortem which was conducted on the same day at 4.45 p.m. According to the post mortem report the deceased was aged about 21 years and following ante-mortem injuries were found on her body:-

(3.) On internal examination there was fracture on right parietal bone with subdural haematoma. Cortilages of walls of breast with fracture of both side ribs. Ribs pointing innerside Haemotherax. Both the lungs were lacerated. Right cell of heart was full and left was empty. Peritoneum of abdomen had blood clots. Buccal cavity was congested. Stomach was empty. Small intestine had gas and pasty substance and large intestine had gas and faecal matter. Liver was lacerated in the size of 4 cm x 2.5 cm. Gall bladder was full. Bladder of urine was empty. Womb was empty. In the opinion of the doctor, the death of the deceased was caused due to shock and haemorrhage as a result of ante-mortem injuries.