SHANKER LAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal under Section 374(2) Cr.P.C. has been filed by the appellant Shanker Lal against the judgment and order dated 21.2.2008 passed by Additional Sessions Judge, Court No. 8, Sitapur in Sessions Trial No. 253 of 2006 convicting the accused in alternative charge under Section 302 I.P.C. and has been sentenced to undergo life imprisonment and a fine of Rs. 5,000/ -. Other co -accused persons Smt. Munni Devi and Sitaram were acquitted with all the charges. The appellant was also acquitted with the charges under Sections 498A, 304 -B I.P.C. and Section Dowry Prohibition Act.

(2.) BRIEF facts relevant for the disposal of this appeal are that complainant Gaya Prasad S/o Sirdar, resident of Village - Sarkhanpur, Police Station - Kheri, District - Kheri Lakhimpur submitted a written report before the S.O., Police Station - Laharpur Kheri, District Sitapur. Complaint was duly scribed by Sitaram S/o Cheduram resident of Village - Sarkhapur, Police Station Kheri, District - Lakhimpur Kheri on 2.10.2005. It is stated in the complaint that marriage of the daughter of the complainant Rambeti @ Bhadhakka Devi had taken place about 5 years back with Shankerlal S/o Sitaram resident of Muhalla - Behti, Police Station -Laharpur, District - Sitapur. Since very beginning the terms of the daughter of the complainant were not cordial with her mother -in -law. Today in the morning he came to know that his daughter has died in her in -laws place due to stomach pain, then complainant alongwith his family members came to Behti and it was found that inside the house of the Sitaram the dead body of the deceased Rambeti was lying. On her neck and hand there were injuries and swelling and nails in the hand had become blueish. It is further stated that in the house nobody was present and all have fled away. It is also alleged that the mother -in -law of the deceased Munni Devi, son -in -law Shanker Lal and father -in -law Sitaram have killed her in the previous night. A request was made to lodge the report and legal action be taken. On the basis of this written complaint chick F.I.R. was prepared in Police Station - Laharpur being Crime No. 505 of 2005, under Sections 498A, 304 -B I.P.C. and Section Dowry Prohibition Act and an entry to this effect was made on 02.10.2015 at 15.40 hours as G.D. No . 34.

(3.) IT is to be mentioned here that in G.D. it is mentioned that the complainant had disclosed at police station that due to the mental disturbance he could not disclose in the complaint that father -in -law, mother -in -law and husband were making demand of dowry constantly, but he forgot to mention this fact in the F.I.R. Entry to this effect was made in G.D. report. The investigation was handed over to the Investigating Officer and an information to Tehsildar was sent, who had conducted inquest. The Investigating Officer visited the place of occurrence and prepared site plane and recorded the statement of witnesses. In the meantime, inquest of the deceased was prepared and her body was sent for postmortem. Postmortem was conducted on 03.10.2005 at 2.30pm and during postmortem following injuries were found: