SRI KESHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal, under Section 374 (2), Code of Criminal Procedure (in short 'Cr.P.C.'), has been filed against the judgment and order dated 17.01.2011 passed by learned Additional Sessions Judge, Court No.6, Sitapur in S.T. No.369 of 2004 whereby the appellant Sri Keshan has been convicted and sentenced under Section 304-B IPC with rigorous imprisonment of 10 years, under Section 498-A IPC with rigorous imprisonment of two years and fine of Rs.1000/- and in default of payment of fine one month additional rigorous imprisonment and under Section 4 of the Dowry Prohibition Act (in short ''DP Act') with one year rigorous imprisonment and fine of Rs.1000/- and in default of payment of fine one month additional rigorous imprisonment.

(2.) The other co-accused Ramdeen and Smt. Rajwati alias Phoolmati, who are the father-in-law and mother-in-law respectively, have been acquitted by the same judgment. No appeal has been filed by the State against the order of acquittal.

(3.) Brief facts for deciding this appeal are that the appellant was married to the deceased Smt. Arti alias Bitto two and a half years ago from the date of incident in accordance with Hindu rites and customs. At the time of marriage, sufficient dowry was given to her in-laws but they were not satisfied. They demanded buffalo, T.V. and cycle as dowry. The deceased was subjected to cruelty on account of such demands. The deceased Smt. Arti Devi informed about the demand of dowry to her brother Radhey Shyam when he visited her in-laws house. The deceased also informed about the demand of dowry to her brother and mother as and when she used to visit her parental house. The informant Radhey Shyam went to take her sister back from her in-laws house but the in-laws refused to send the deceased. On 25.07.2000, the appellant sent an information to Radhey Shyam that her sister is ill. On this information, the informant Radhey Shyam and his mother reached to the house of appellant where they found that Smt. Arti was killed by sprinkling kerosene oil and they are going to cremate the dead body of the deceased. When they were in the village of the accused, the Village Pradhan confined them on gun point and got thumb impressions on plain papers. In the meantime, the dead body of the deceased was cremated. The informant and his mother any how manage their escape and thereafter they went to lodge the FIR but the police of Police Station Hargaon did not register the FIR. Consequently, the informant Radhey Shyam filed an application under Section 156(3), Cr.P.C. before the learned Magistrate and the learned Magistrate vide order dated 05.09.2000 directed the police of Police Station Hargaon to register the case. In compliance thereof, FIR was lodged at Case Crime No.244 of 2000, under Sections 498-A, 304-B, 342 IPC and Section 3/4 of D.P. Act, Police Station Hargaon, District Sitapur. The Magistrate took cognizance and case was committed to the court of sessions for trial of the accused persons. The trial court framed charges under Sections 498-A, 304-B IPC and Section 3/4 of D.P. Act. The accused persons denied the charges and claimed their trial.