PAPPU Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the appellant, learned Additional Government Advocate and perused the record.

(2.) THIS criminal appeal has been filed against the judgment and order dated 18.10.2010, passed by the learned Additional Sessions Judge, Court No.1, Balrampur, by which, the appellant has been convicted for the offences punishable under Sections 498 -A, 304 -B and 201 I.P.C.

(3.) THE prosecution case in brief is that the complainant had solemnized marriage of his daughter with the appellant at about five years ago. The appellant and his family members demanded a golden chain and one golden ring in additional dowry and tortured his daughter. His daughter had come back after ten days of the marriage and told about the said demand. She remained for about one year with the complainant but the appellant and his family members had not taken care of her. Upon this, the complainant went to the house of the appellant for negotiations and after assurance of providing one golden ring and one golden chain, she was sent to matrimonial home where she remained for about six months. During this period also the appellant and his family members caused cruelty and tortured the daughter of the complainant and again sent his daughter to his home. Again she remained upto one year and after negotiation she went to matrimonial home third time. The son -in -law of the complainant demanded Rs.50,000/ - for going to foreign country, for which the complainant showed his inability. On 23.02.2009, the father -in -law of the deceased informed on telephone that his daughter is having some stomach pain. Upon which, he went to the house of the accused on 24.02.2009 where he found that his daughter was dead. The body of the daughter of the complainant was cremated without waiting for the complainant. The complainant moved an application before the concerned police station but his report was not lodged. When the report was not lodged at the police station concerned, the complainant moved an application to the Deputy Inspector General of Police, Devi Patan Circle, Gonda, upon which, the case was registered and investigation was done. After investigation, the charge -sheet was filed for the offences punishable under Sections 498 -A, 304 -B and 201 I.P.C. and Section 3/4 of Dowry Prohibition Act. The appellant along with other accused persons were charged for the said offences, but they denied the charges and claimed the trial.