UPENDRA @ BALVEER Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Amar Singh Kashyap, learned counsel for the appellant, Ms. Manju Thakur, learned A.G.A.-I for the State and perused the material on record.

(2.) The criminal appeal has been filed against the judgment and order dtd. 21/12/2010, passed by Additional Sessions Judge IIIrd, Jalaun, at Orai, in Sessions Trial No. 128 of 2009, State of U.P. Vs. Upendra @ Balveer and Others. By the said judgment and order, the appellant has been convicted under Sec. 316 IPC for the period of five years rigorous imprisonment alongwith a fine of Rs.1,000.00. The appellant has been further convicted under Sec. 302 IPC for life imprisonment alongwith fine of Rs.1,000.00; in default the payment of such fine, for an additional imprisonment of two months.

(3.) The prosecution case as per F.I.R. is that two years ago, deceased, Deepika, was married to appellant, Balveer, as per Hindu marriage rites. Dowry was given in marriage by the informant as per his capacity, but the husband of deceased, appellant, Balveer, his father, Raj Bahadur and Mother, Smt. Ramkali, were not satisfied with the dowry received in marriage. After marriage, they were demanding one motorcycle, a gold chain and Rs.1.00 lakh and send the deceased back to her parental home. After the deceased informed the informant about the conduct of the aforesaid persons, he went to their house and stated that he lacks money to fulfil their demand and after leaving his daughter with them, he came back. They made many phone calls demanding dowry and on 20/5/2009, the aforesaid persons killed his daughter, information whereof was received by the informant on 20/5/2009 at 07:30 p.m. He reached there and lodged the F.I.R. against the accused persons on 21/5/2009 on the basis of written application at 01:00 p.m.