RAM GANESH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Bhola Singh Patel and Shri Praveen Kumar Verma, learned counsel for the appellant and Shri Sharad Dixit, learned AGA for the State respondent.

(2.) This criminal appeal has been filed by the appellant - Ram Ganesh challenging the order dated 9.8.2007 passed by the learned Additional Sessions Judge, Court No.14, Lucknow in Sessions Trial No.210 of 1991 (State v. Ram Ganesh) by which he has convicted the appellant and sentenced him to undergo one year RI and fine of Rs.1000/- under Section 498-A IPC and in default of payment of fine he has to undergo further one month's imprisonment and also to undergo 10 years RI under Section 304-B IPC. Both the sentences will run concurrently.

(3.) As per prosecution story, FIR was lodged on 7.10.1990, at about 21:05 hours, by the informant Kalideen alleging that he had married his daughter Ramshree three years prior with Ram Ganesh. After marriage his son in law started demanding Rs.10,000/- to get his piece of land free from mortgage. His son in law repeated and asked that you have given your daughter, then give money also. The informant gave Rs.800/- and said I am a poor person and am not in a position to arrange such an huge amount. When the informant could not arrange the demanded money, his son in law started torturing his daughter. Some villagers informed him by coming to his village, but when he reached his daughter's house, then he found his daughter's dead body, who was killed by his son in law. On this, a case under Section 498-A/304-B IPC was registered, which is Ex.Ka.1, and dead body was sent for post mortem. On 9.10.1990, at about 1:10 PM, post mortem of dead body was conducted by Dr. B.P. Singh in K.G.M.C. Murtuary, Lucknow. Carbon copy of post mortem report is Ex.Ka.4. Sri Surendra Kumar Verma, Circle Officer started investigation and visited the place of occurrence and prepared site plan (Ex.Ka.2). Statement of witnesses were recorded. On 11.10.1990, the Investigating Officer along with S.O. Banthara of village Tirva and arrested the accused appellant from his house. Thereafter, charge sheet was submitted, which is Ex.Ka.3. The accused was charged under Section 498-A, 304-B IPC. He pleaded not guilty and claimed to be tried.