RADHEY SHYAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 03.08.2010 passed by Sri Babu Prasad the then Additional Sessions Judge, Fast Track Court No.8, Shahjahanpur in S.T. No. 400 of 2006, (State vs. Radhey Shyam and others), arising out of case crime no. 10 of 2006, P.S. Kalan, District Shahjahanpur, whereby convicting the appellants for the offence punishable under section 498-A, 304-B and 201 IPC and Section 4 of Dowry Prohibition Act each had been sentenced to undergo three years' rigorous imprisonment and fine of Rs. 1,000/- under section 498-A IPC, 10-years' rigorous imprisonment under section 304-B IPC, 5-years' rigorous imprisonment and fine of Rs. 2,000/- under section 201 IPC and two years' rigorous imprisonment and fine of Rs. 500/- u/s 4 of Dowry Prohibition Act with default stipulation for non-payment of fine imposed. However, co-accused Mamta and Asha Ram, sister and brother-in-law of accused Radhey Shyam were acquitted on all counts.

(2.) The facts germane to the present appeal are that on 20.01.2006 Meva Ram s/o Sita Ram Kashyap, resident of village Gahiai, P.S. Pali, District Hardoi submitted a written report at 7.10 A.M. in P.S. Kalan, District Shahjahanpur stating that he has married his daughter Kanyawati about six years ago with Radhey Shyam, r/o village Giudi, P.S. Kalan District-Shahjahanpur. Her husband and his relatives including parents, sister Mamta and brother-in-law (Bahnoi) used to demand a cycle and a she-buffalo as additional dowry and due to non-fulfillment of their demand she was being beaten by them. On 18.01.2006 when complainant went at the house of the accused persons he came to know that his daughter Kanyawati has been killed by her husband Radhey Shyam, father-in-law Bhagga, mother-in-law Sudama, Sister Mamta and their son-in-law and they have dissipated her dead body. On search her dead body was found in the river near Golaganj. On the basis of this report case at Crime No. 10 of 2006, under sections 304-B, 498-A, 201 IPC and 3/4 of Dowry Prohibition Act was registered at P. S. Kalan, District Shahjahanpur. The investigation of the case was entrusted to Circle Officer, Jai Karan Singh Sisodia, who interrogated the witnesses and prepared the site plan. The inquest upon the cadaver of the deceased was conducted by Nayab Tahsildar Shiv Narayan on 20.01.2006 at 10.30 A.M. who along with usual papers sent the same in sealed condition for post mortem examination.

(3.) A team of two doctors led by Dr. Rajesh Kumar Tiwari conducted autopsy on the dead body of the deceased on 21.01.2006. They found that 25-years' old deceased was average built. Rigor mortis had passed from upper and lower extremities. Mouth was open, tongue protruded out, eyes bulged out, skin had peeled of at places. Scalp hairs were loose. Maggots were present, nails were loosing and easily peeled out. They found following ante-mortem injuries on her person: