VIRENDRA KUMAR 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 25.02.2010, passed by the then learned Additional Session Judge, Court No.10, Barabanki, by which the appellant has been convicted for the offences punishable under Sections 498 -A, 304 -B I.P.C. and Section 3/4 of Dowry Prohibition Act.

(3.) THE prosecution case in brief is that marriage of daughter of the complainant (Om Prakash Bajpai) was solemnized with the appellant on 18.05.2005, in which the sufficient dowry was given. The appellant and his family members tortured the deceased for additional dowry of Colour T.V., Golden Chain, Hero Honda Motorcycle and a cash of Rs.50,000/ -. Whenever the daughter of the complainant used to come to her parents house, she complained about the cruelty and torture with the deceased. Farewell ceremony (Vidai) of the deceased was again held on 15.05.2007 and at that time one golden chain weighing one tola and Rs.10,000/ - cash was given, but the appellant and his family members were not satisfied with this and they were threatened that if the remaining items are not given by 31.05.2007, then she will be killed. On 01.06.2007, at about 12.00 in the noon, the appellant informed the complainant that his daughter has become unconscious. Upon this information, the complainant reached the appellant's house and found that his daughter was lying dead in the house of the appellant and there were marks of injuries on her body. She was also pregnant by eight months. The report was lodged on the same day that the daughter of the complainant has been killed due to non -fulfillment of the demand of dowry. The case was registered for the offences punishable under Sections 498 -A, 304 -B I.P.C. and 3/4 of Dowry Prohibition Act.