LAWS(ALL)-2015-8-320

LALLU @ MATA PRASAD Vs. STATE OF U P

Decided On August 06, 2015
Lallu @ Mata Prasad Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) This Criminal Appeal has been filed by the accused appellant Lallan alias Mata Prasad against the judgment and order dated 14.6.2012 passed by Dr. Gokulesh, Additional District & Sessions Judge, Court No. 1, Banda in S.T. No. 25 of 2010 whereby the trial court has convicted and sentenced the appellant to undergo rigorous imprisonment of seven years under Section 304-B IPC, rigorous imprisonment of two years and a fine of Rs. 1000/- under Section 498-A IPC and rigorous imprisonment of six months and a fine of Rs. 1000/- under Section 3/ 4 Dowry Prohibition Act. In default of payment of fine the accused shall further undergo rigorous imprisonment of six months.

(2.) secution story in nutshell is as under :

(3.) On the date of incident i.e. 24.8.2009 deceased was admitted in the District Hospital, Banda for treatment but succumbed to her injuries on 25.8.2009, therefore, report regarding the death of the deceased was sent to the police station Kotwali Nagar, Banda through the Ward Boy Ram Narain of the concerned hospital at 12.05 hrs. It was entered in the G.D. Rapat No. 24 at the concerned police station and on the basis of information inquest report was prepared by J. P. Pandey, Naib Tehsildar, Banda in the presence of the witnesses of the inquest. Dead body was kept in sealed cover and preparing the sample seal and other police papers i.e. photo nash, challan nash, Form No. 13 etc. the dead body was sent for post mortem examination.