(1.) HEARD Shri Manish Singh Chauhan, learned counsel for the appellant and Shri Sharad Dixit, learned AGA for the State respondent.
(2.) INSTANT criminal appeal has been filed by the appellant - Mukesh Singh, son of Ram Bali Singh challenging the judgment and order dated 21.10.2011 passed by learned Additional Sessions Judge, Court No.2, District Unnao in Sessions Trial No.301 of 2010 arising out of Crime No.351 of 2010, under Sections 498 -A, 304 -B, 302 IPC and Section 4 of Dowry Prohibition Act, Police Station Safipur, District Unnao by which the appellant was convicted and awarded sentence of 10 years RI under Section 304 -B IPC, 1 year RI along with fine of Rs.1000/ - under Section 498 -A IPC, and 1 year RI along with find of Rs.1000/ - under Secton 4 of Dowry Prohibition Act.
(3.) A perusal of record reveals that FIR was lodged by Shiv Murat Singh in Police Station Safipur on 7.3.2000, alleging that his daughter was married with Mukesh Singh two years earlier in which adequate dowry, according to his capacity, was provided, but Mukesh Singh and his elder sister were not happy and satisfied with dowry, and were demanding Rs.50,000/ - as additional dowry. After marriage, his daughter gave birth fo a female child. After that demand of Rs.50,000/ - was again made. The informant was unable to pay that amount. On 6.3.2000, at about 2.30 PM, he was informed by some villagers that his daughter was burned by Mukesh Singh and Minsu. Father in law, Rambali has taken her to District Hospital, Unnao. On this information, they reached their and found her daughter dead. On this, a case under Sections 498 -A, 304 -B IPC and Section 3/4 of Dowry Prohibition Act was registered. After investigation, charge sheet under Sections 498 -A, 304 -B IPC and Section 3/4 of Dowry Prohibition Act was submitted against Mukesh Singh. After cognizance, case was committed to the court of sessions where charge under Sections 498 -A, 304 -B IPC alternatively 302 IPC and Section 4 of Dowry Prohibition Act was framed. Accused pleaded not guilty and claimed to be tried.