AKHILESH KUMAR MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Anoop Trivedi, learned Senior Counsel assisted by Sri Ram Singh Kushwaha and Sri Ankit Shukla, learned counsels for the appellant and learned A.G.A for the State.

(2.) Above criminal appeals have been preferred against the judgment and order dtd. 12/1/2001 passed by VIIth Additional Sessions Judge, Kanpur Nagar, in Session Trial No. 960 of 1995 by which the appellant, Akhilesh Kumar Mishra, has been convicted and sentenced for life under Sec. 304-B IPC, while appellants, Smt. Meera Jha and Jagdanand Jha, have been convicted and sentenced to 8 years rigorous imprisonment. All the appellants have been convicted and sentenced under Sec. 498-A IPC for 2 years rigorous imprisonment and under Sec. 4 of D.P. Act to undergo rigorous imprisonment for one year. The appellants are acquitted of alternative charge under Sec. 302 IPC.

(3.) Prosecution case is that informant, Shyam Shanker Mishra, married his daughter, Sudha, three years ago to the accused, Akhilesh Kumar Mishra. Rs.51,000.00 was given in cash and other goods were given in dowry but accused, Akhilesh Kumar Mishra, was demanding a motorcycle and a plot and was threatening to kill his daughter. Akhilesh Kumar Mishra and his Fufa, Jagdanand Jha, also used to come and threaten him. On 19/7/1994 at 6:00 p.m informant came to know that the accused, Akhilesh Kumar Mishra, his Fufa, Jagdanand Jha and Bua, Meera Jha, have murdered his daughter, Sudha and have ran away leaving her dead body behind. FIR dtd. 19/7/1994 was lodged on 20:55 registered at Police Station- Kakadev.