HARI SHANKER DWIVEDI Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal under Section 374 (2) Cr.P.C., has been preferred by appellants Hari Shanker Dwivedi, Ram Chandra @ Raju Dwivedi and Smt. Anarkali against the judgment and order dated 30.04.2003 passed by IV Additional Sessions Judge, Raebareli in S.T. No. 4/1996, Crime No. 183/1995 under Sections 498 -A, 304 -B, 201 I.P.C., and 3/4 Dowry Prohibition Act, P.S. Lalganj, District Raebareli, by which the appellants have been convicted for the offence under Section 498 -A I.P.C. and sentenced for a period of two years' rigorous imprisonment with fine of Rs. 1,000/ - (Rupees one thousand) each. In default of payment of fine, the appellants to further undergo two months' imprisonment.

(2.) THE accused -appellants were acquitted for the charges under Sections 304 -B, 201 I.P.C. and 3/4 Dowry Prohibition Act.

(3.) BRIEFLY stated, the prosecution case is, that Sunil Kumar Agnihotri @ Pappu, son of Bhagwan Prasad, got his sister Mamta, aged about 24 years, married to Raju son of Hari Shanker Dwivedi about six years back according to the Hindu rites. He also gave dowry according to his capability. After marriage everything went right but after two years, Hari Shanker Dwivedi, Raju and mother -in -law Anarkati wife of Hari Shanker Dwivedi subjected his sister Mamta to cruelty for bringing less dowry. They made demand for ornaments and Rs. 25,000/ - as cash. The financial condition of parents of Mamta was not so sound to meet their demand. Complainant further states that when his sister visited his house, she made complaint about her grievance to his wife as well as 'Bhabhi'. Complainant's sister had also written a letter wherein she has alleged that she was beaten up and harassed, the copy of which was attached with the F.I.R. On 30.6.1995 he received a telegram through which he received information that her sister Mamta had died. He then, went to village Lodhipur, Uttrawa where he came to know that on 21.6.1995 accused persons had killed her sister for demand of dowry and her dead body was immersed at Dalmau ghat in Ganga river. To this effect an F.I.R. was lodged by Sunil Kumar Anihotri @ Pappu on 1.7.1995 which was registered as Case Crime No. 183/95 under Sections 498 -A, 304 -B, 201 I.P.C., and 3/4 D.P. Act.