SHYAM KISHORE TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the appellant, learned A.G.A. for the State and perused the lower court record.

(2.) INSTANT criminal appeal has been preferred challenging the judgment and order dated 25.9.2007 passed by learned Additional Sessions Judge/Fast Track Court No. 3, Gonda in Sessions Trial No. 75 of 2000 whereby the said court has convicted the appellant under Sections 304 -B and 498 -A I.P.C. and sentenced him to undergo rigorous imprisonment for a period of two years and also with fine of Rs. 2,000/ - with default stipulation of six months imprisonment for the offence under Section 498 -A I.P.C. and for the offence under Section 304 -B I.P.C. he was sentenced to undergo rigorous imprisonment for a period of ten years. Both the sentences were directed to run concurrently.

(3.) BRIEF facts necessary for disposal of the instant appeal are that Smt. Baby Tiwari was the wife of present appellant. As per version of the F.I.R., her marriage was solemnized about three years prior to her death. At that time the deceased was aged about 24 years. 'Gauna' ceremony took place about one year prior to her death. Thereafter the appellant started the demand of a gold chain, gold ring and a colour T.V. in dowry and to pressurize his demand, the deceased was treated with cruelty. Since the financial condition of complainant Sukh Sagar (father of the deceased) was not well, therefore, the said demand could not be fulfilled. However, he purchased one Black and White T.V. on 30.10.1999, which was to be handed over to the appellant on the next day i.e. 31.10.1999 but prior to that in the intervening night of 30/31.10.1999 in between 2:30 to 3:15 a.m. elder brother of the appellant came to his house on scooter and informed that Smt. Baby has been hospitalized and her condition is serious. The complainant could not go to the hospital in the night though he made an inquiry on phone from the hospital. He got information from the hospital that no such lady having the name of Smt. Baby was admitted in the hospital. Thereafter, in the morning, the complainant went along with his relatives to the matrimonial house of the deceased and found that her dead body was lying on the floor. Several persons were assembled there but the appellant was not present there. The complainant raised a suspicion that she has been administered poison by her husband. It was told by the persons assembled there that an effort was made to make vomit by the deceased. F.I.R. of this case was lodged on 31.10.1999 at 8:00 a.m. After conducting the inquest proceedings, the dead body was sent for postmortem, which was conducted on the same day at 4:15 p.m. As per the postmortem report, the cause of death was asphyxia caused by strangulation. The following injuries were also found on the body of the deceased.