VIJAY KUMAR SHUKLA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. U.P. Singh, learned counsel for the appellant, Mr. Mohd. Yusuf Ansari, learned A.G.A. for the State and perused the lower court record.

(2.) Under challenge in this appeal is the judgment and order dated 13.6.2010 passed by learned Sessions Judge, Lakhimpur Kheri in Sessions Trial No. 453 of 2007 and Sessions Trial No. 156 of 2008, Police Station Kotwali Lakhimpur, District Kheri whereby present appellant Vijay Kumar Shukla was found guilty for the offence under Sec. 498A & 304 -B I.P.C. But he was sentenced with imprisonment for life for the offence under Sec. 304 -B I.P.C. and no separate sentence for the offence under Sec. 498 -A I.P.C. was passed and was also convicted under Sec. 4 of the Dowry Prohibition Act and was sentenced with imprisonment for one year rigorous imprisonment and also with fine of Rs. 500/ - with default stipulation of ten days simple imprisonment. However, other accused persons Deepu Shukla and Indra Narain Shukla, who were tried with present appellant in Sessions Trial No. 453 of 2007 and accused persons namely, Vinod Kumar Shukla and Smt. Sarita Shukla, who were tried in connected Sessions Trial No. 156 of 2008 were acquitted.

(3.) It is a case of dowry death. The appellant happens to be the husband of the deceased. The case of the prosecution was that marriage of Pinki (deceased) was solemnized with the appellant on 20.6.2005. The complainant got an information on 6.5.2006 at 10:50 a.m., that his sister has been murdered by the accused persons, who were named in the F.I.R. in connection with the demand of dowry. On this information, he came to the place of occurrence and found the dead body of his sister lying in the house. The case was registered and investigation proceeded. During investigation, inquest proceedings were conducted and the dead body was sent for postmortem. The postmortem on the body of the deceased was conducted on 6.5.2006 at 4:20 p.m. and following ante mortem injuries were found on her body: - -