VINOD KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal challenges the judgment and order dated 8th December, 1982 passed by Sri D.L. Soni, the then 2nd Addl. Sessions Judge, Ghaziabad in S.T. No. 171 of 1980 whereby the appellant has been convicted for the offence punishable under section 306 IPC and sentenced to undergo four years' RI.

(2.) Shorn of details, the prosecution story as contained in the first information report as also appearing in the evidence adduced during trial is that on 01.10.1979 complainant of the case Brij Kishore submitted a written report at P.S. Modi Nagar, District Ghaziabad at 07:50 PM alleging that he has married his daughter Nirmala Devi with accused appellant Vinod Kumar on 03.06.1979. Day before yesterday i.e. on 28.09.1979 he has sent his son Manmohan to take back Nirmala Devi from her matrimonial home where she told her brother that she is being harassed and tortured by her in-laws as they say that unless her father gives them Rs.10,000/- and a television, they would not send her and she suspected threat to her life. She returned her brother back to send the father. On 30.09.1979 at 6:00 p. m. the complainant reached at the house of the accused in Modi Nagar to have talks with Bhajan Lal (father of Vinod Kumar) and his family members where he came to know that the accused persons after setting his daughter ablaze had taken her in burnt condition to Meerut Medical College. He immediately rushed to Medical College where she was found dead. On inquiry, the accused did not tell him anything about the incident. The complainant has concluded that in greed of dowry the accused persons namely Vinod Kumar and his father Bhajan Lal have burnt his daughter alive. On the basis of this report case u/s 302 IPC was registered at P. S. Modi Nagar, investigation whereof was entrusted to SI P. P Singh, who after completing the investigatory formalities submitted charge sheet against accused Vinod Kumar, his brother Chhidda Lal and father Bhajan Lal for the offence punishable under section 306 IPC.

(3.) After committal of case to the Court of Session, charge for the offence punishable under section 306 IPC was framed against all the three accused.