AWADHESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) The present criminal appeal has been filed against the judgment and order dated 9.5.2005 passed by Additional Sessions Judge, Court No. 12, Kanpur Nagar, in S.T. No. 460 of 2002 by which the appellant has been convicted under Section 304B I.P.C. and sentenced to undergo life imprisonment under Section 498A I.P.C. to undergo 1 year rigorous imprisonment and a fine of Rs. 2000/- has been imposed on him further to undergo 3 months rigorous imprisonment, both sentences ordered to run concurrently. The prosecution story in brief is that an FIR was lodged by the informant Brij Kumar Dwivedi with an allegation that his sister Aruna was married in February, 1994 to Awadesh Kumar Shukla S/o. Ram Swaroop Shukla and has spent money in her marriage according to his means. The husband of Aruna namely Awadesh Kumar Shukla, Jeth Ramesh Chandra Shukla and Jethani who is the wife of Ramesh Chandra Shukla used to torture and harass her for bringing less dowry. They were demanding a scooter and Rs. 50,000/- in cash as dowry. It was stated by the informant that his father has died in the year 1995 hence all the responsibilities of the family was on him and on account of which he could not fulfill the demand of the accused.

(2.) It was further stated by the informant that earlier he did not take any action against the accused persons as his sister used to say that the things would be in order when the time comes but the accused persons who had greed for dowry, in the night of 13.9.2000 at about 8.45 p.m. had poured kerosene oil and petrol on her and burnt her to death for want of dowry and gave no information to him. The accused in order to destroy the evidence also performed her last rites. The informant received an information about her sister who has been burnt to death for want of dowry from a news item.

(3.) The First Information Report of the incident was registered on 19.9.2000. The investigation of the case was carried out and a charge-sheet was submitted being Exhibit-Ka-13 in the Court on the basis of which the accused were put to trial. The trial Court framed charges against the accused for offence under Section 498A, 304B I.P.C. who pleaded not guilty and claimed to be tried.