AYODHYA PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) THE appellant Ayodhya Prasad has filed this criminal appeal challenging the judgment and order dated 30.9.2003, passed by the Additional Sessions Judge Court no.6, Raebarely, in Sessions Trial No. 73/1997, whereby he has been convicted under Section 498 -A IPC and has been sentenced to undergo rigorous imprisonment of one year and a fine of Rs. 500/ -, in default thereof to further undergo simple imprisonment of one month and further convicting him under Section 306 IPC sentencing him to undergo rigorous imprisonment of 2 years and a fine of Rs. 2000/ - in default thereof to undergo simple imprisonment of two months.

(2.) THE prosecution case in short is that the informant on 24.11.1996 lodged an FIR with the police station with the allegation that his daughter Suman Devi was married to the appellant about 7 or 8 years prior to the occurrence. It was further mentioned in the FIR that he received an information that his daughter has committed suicide on 23.11.1996 at about 6.00 P.M. However, the informant expressed his doubt in the FIR that his son -in -law, who is the appellant in this appeal, might have killed his daughter. The Police on the basis of the FIR, registered a case under Section 498 -A and 306 IPC and after investigation submitted charge sheet in the Court.

(3.) THE appellant was tried for the aforesaid offence and during the trial the prosecution examined five witnesses and on the basis of the prosecution evidence, the trial court found the charges proved and punished the appellant as aforesaid.