ASHOK KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) PRESENT appeal has been filed by accused appellants Ashok Kumar and Shankar Lal under Section 374 Cr.P.C. against the judgment and order dated 7.7.1993 passed by Xth Additional District and Sessions Judge, Aligarh in S.T. No. 480 of 1992, State Vs. Ashok Kumar and others, whereby learned Additional Sessions Judge, Aligarh has convicted accused appellants Ashok Kumar and Shankar Lal for the offences punishable under Sections 302, 364, 201 I.P.C. and sentenced each of them for offence punishable under Section 302 I.P.C. with imprisonment for life, for offence punishable under Section 364 I.P.C. to rigorous imprisonment for three years and for offence punishable under Section 201 to rigorous imprisonment for two years. Learned Additional Sessions Judge, Aligarh directed that all the sentences of accused appellants shall run concurrently.

(2.) SRI Pramod Bhardwaj, learned counsel appeared for accused appellants and Sri Narendra Kumar Singh Yadav, learned A.G.A. appeared for State respondent.

(3.) ACCORDING to First Information Report Ext. Ka. -1 prosecution case is that Rani Sharma daughter of complainant Dhani Ram Sharma was married to accused Ashok Kumar on 4.3.1983. Complainant Dhani Ram Sharma invested Rs. 50,000/ - for dowry but accused Ashok Kumar and his father were not satisfied with dowry and began to harass daughter of complainant for dowry immediately after marriage. Complainant tried to solve the issue and went to the house of accused with his brother -in -law Charan Singh several times to convince accused but they did not concede and kept continued harassment of his daughter. On 25.2.1988 they mercilessly beat her. She lodged F.I.R. and case was registered against accused but due to intervention of relatives settlement was made and accused assured that they shall not harass daughter of complainant in future. Whereupon complainant sent his daughter with accused Ashok Kumar and his brother -in -law Shanti Swaroop but again father -in -law Shankar Lal as well as mother -in -law and devars of complainant's daughter started harassment of her. Complainant's daughter and son -in -law accused Ashok Kumar took residence in Mohalla Chandaniya in the house of Chunni Lal, from where accused Ashok Kumar, his father accused Shankar Lal and his brother -in -law accused Shanti Swaroop took daughter of complainant and informed Chunni Lal landlord of the house that they are going for taking bath at Haridwar. They were seen by Banke Lal P.W. -1 also alongwith daughter of complainant in front of Gandhi Hospital in Aligarh City. At that time they also told to Banke Lal that they are going to Haridwar for taking bath. Thereafter complainant tried to know about his daughter with his son -in -law accused Ashok Kumar and his family members but they did not give satisfactory answer. Complainant himself made search of his daughter but could not trace her.