ANEES Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment and order of conviction dated 11.12.2013 rendered by Additional Session Judge, Court No.1, Bahraich in S.T. No.82/2011, whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment of twelve years under Section 304 -B IPC, three years rigorous imprisonment along with a fine of Rs.10,000/ - under Section 498 -A IPC and two years rigorous imprisonment along with a fine of Rs.10,000/ - under Section 4 of Dowry Prohibition Act.

(2.) THE informant of the case is Mahboob Ali, who on 22.10.2010 gave a written application to the police station Kaisargarh, District Bahraich stating therein that he had married his daughter with the appellant about a year back. The appellant used to demand dowry since the time of marriage and he actually gave dowry at the time of marriage as per his financial capacity, but even after that he had been continuously demanding dowry. The informant further stated in the complaint that he received a telephonic information that his daughter has been killed. On the basis of the written complaint, the police registered a case against the appellant and proceeded to investigate the case. The inquest was prepared in the morning of 23.10.2010 at 9.00 AM and dead body was sent for postmortem which was conducted on the same day at 4.30 PM. The investigating officer recorded the statement of witnesses, visited the place of occurrence, prepared site plan and after completion of investigation submitted charge -sheet.

(3.) THE prosecution examined six witnesses during trial and the learned trial court on appraisal of evidence found the appellant guilty and convicted him, as aforesaid.