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

JUDGEMENT

(1.) The present crl. appeal has been filed against the judgment and order dated 28.8.2012 passed by Additional Session Judge, Court No. 13, Ghaziabad in S.T. No. 979 of 2006 arising out of Case Crime No. 24 of 2006 convicting and sentencing the appellants under Section 498-A I.P.C. for three years R.I. with a fine of Rs. 2,000/- each and in default of payment of fine three months additional imprisonment and under Section 306 I.P.C. for seven years R.I. with a fine of Rs. 5,000/- each and in default of payment of fine, six months additional R.I.

(2.) In Parole Application No. 406894 of 2015 which has been filed on behalf of appellant no. 1 Manoj and has been dismissed by this Court on 4.12.2015, it was stated that appellant no. 2 Charan Singh has died and his death certificate has been annexed with the said parole application, this Court does not feel necessary to call for a report regarding the death of appellant no. 2 Charan Singh, hence the appeal on his behalf stands abated.

(3.) The prosecution case in brief is that an F.I.R. was lodged by one Veerpal (hereinafter referred to as 'the informant') stating that his daughter, namely, Sushma (hereinafter referred to as 'the deceased) was married with appellant no. 1 Manoj son of Charan Singh, appellant no. 2 (since deceased), on 3.3.1999 according to Hindu rites and tradition. The informant according to his means has given sufficient dowry to his daughter and spent Rs. 3 lacs in the marriage. His daughter after being married went to his in-laws house and has performed the matrimonial obligation and from the wedlock of the deceased and appellant Manoj one male child was born, who was aged about one and half year at the time of incident. After the birth of the child, the appellant Manoj, his father Charan Singh (since deceased), mother Urmila, Deepak, sister Kavita and brother-in-law Yogendra started demand of a motorcycle and rupees fifty thousand as more dowry and used to assault and abuse the deceased for the same and threatened her for life. The deceased two months prior to the incident had gone to her parents house had informed her parents about the demand being made by her in-laws on which they pacified that they would talk to her in-laws.