RAM ASREY Vs. STATE OF U P

JUDGEMENT

(1.) Ram Asrey has preferred this appeal against his conviction and sentence, in Sessions Trial No. 213 of 1990 recorded by 1st Additional Sessions Judge, Sitapurvide its order and judgment dated 9-4-1992, whereby he convicted the appellant under Sections 498-N 304-B Indian Penal Code and Section 4 of the Dowry Prohibition Act and awarded 2 years rigorous imprisonment, 7 years rigorous imprisonment and six months rigorous imprisonment respectively. All the sentences were directed to run concurrently.

(2.) Briefly stated the prosecution case is that Smt. Sukhrani was married to the appellant. For about two years the couple lived happily. Thereafter the appellant asked his wife to press her parents to give him one wrist watch and 2 bighas of agricultural land. Sukhrani told the appellant that her parents were unable to meet this demand. When Sukhrani told the appellant that her parents could not meet his demand he got enraged and started beatings and maltreating Sukhrani. On 16-4-1990 in the evening a boy went to the house of Bhagwan Din father of Sukhrani in village of Senjapur and told him that Sukhrani has committed suicide. Consequently on 16-4-1990 Bhagwan Din along with Karhiley, Ram Bharosey, Sunder Lal, Chandrabhal, Mullu Ram and Bharat went to the house of accused appellant Ram Asrey in Village, Narsinghpur where they came to know that on 5-4-1990 Ram Asrey had mercilessly beaten his daughter Sukthrani. Thereafter Sukhrani had gone away to Khalihan from where she returned back home at about 2 p.m. At about 3 p.m. Ram Asrey told the village people that his wife had committed suicide. Bhagwan Din found the dead body of his daughter Sukhrani lying in a room belonging to the accused Ram Asrey.

(3.) It may be noted that on 15-4-1990 Shiv Kumar D.W. 2 had submitted a written First Information Report Ext. Kha. 1 at Police Station Kamlapur according to which wife of the appellant Ram Asrey had committed suicide when her family members in the fields. Consequently the police, after making necessary entries in the general diary, went to the place of the occurrence, prepared the inquest, examined the dead body and sent it for post mortem examination. Subsequently the Investigating Officer found letters Ext. 1 and Ext. 2 along with the acknowledgment slips Ext. 3 from the box of the accused. On the basis of the investigation charge sheet against the appellant under Sections 498-A, 304-B I.P.C. and Sections 3/4 Dowry Prohibition Act was submitted whereafter the appellant was tried.