GULLU AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred against the conviction and punishment dated 28.2.2012 passed in State Vs. Gullu and others relating to Case Crime No. 689 of 2010, police station Mardah, district Ghazipur by which three accused Gullu, Bal Chand and Smt . Ramwati were convicted for charge under section 302/34 IPC and were punished with imprisonment for life and fine of Rs. 5000/- (in default of payment three months simple imprisonment).

(2.) Prosecution case in brief was that Tuliya Devi, daughter of informant Bhullu Rajbhar (PW-1) was married to Gullu 5 years ago. After marriage Tuliya Devi was treated with cruelty by her husband Gullu, father-in-law Bal Chand and mother-in-law Ramwati for demand of dowry. For this reason these three accused had committed murder of Tuliya Devi on 8.5.2010 by inflicting injuries on her body at their house situate in village Chaubepur, police station- Mardah, district Ghazipur and tried to dispose of her dead body. After receiving knowledge of this incident, victim's father Bhullu (informant) had given a written report (Ex-Ka-1) to the police on the basis of which case crime no. 689 of 2010 was registered.

(3.) In the aforesaid case inquest of the dead body was performed on 08.05.2010 and postmortem of the deceased was conducted the same evening at 9:50 pm. In the postmortem report several lacerated wounds and other marks of injuries were found on the dead body of the deceased. In postmortem (Ex-Ka-1) the doctor had opined that cause of death was haemorrhage and shock as a result of the said ante-mortem injuries. In this report approximate time of death was reported about 1 day from the time of postmortem. After completion of investigation police had submitted charge-sheet against three accused Gullu, Bal Chand and Ramwati for offences under section 498-A, 304-B IPC and under section 3/4 Dowry Prohibition Act.