MANOJ Vs. STATE OF U.P.

JUDGEMENT

(1.) WITH the consent of learned counsel for the appellant and learned AGA for the State, the present appeal is being finally heard and decided by the Court at the admission stage when the matter has come up as fresh today as the appeal is not likely to be heard in near future and it would become infructuous if it comes in due course. The appellant has been convicted for maximum sentence of five years u/s. 306 and 316 IPC respectively by the trial court out of which he has already served out four years and eleven months as he is stated to be in jail since 19.8.2010.

(2.) HEARD Sri Sanjay Srivastava, learned counsel for the appellant, Sri Nitin Srivastava, learned AGA for the State.

(3.) THE prosecution story in brief as stated by the informant is that the marriage of her daughter Mukesh @ Mohini was solemnized on 28.2.2009 with the accused appellant Manoj by giving sufficient dowry in accordance with Hindu rites and traditions but being not satisfied with the dowry given by the informant, the in -laws of the deceased used to harass her for bringing additional dowry of Rs. 50,000/ - and also a motorcycle for which she was being mentally and physically harassed by them and also had beaten her. The informant had brought the deceased to his house and had told her that the things would become normal in future. Due to some reasons he did not lodge an FIR about the earlier incident at the concerned Police Station. He further stated that in spite of the matter being referred to the Panchayat of Mohammadpur about the harassment of his daughter, the husband of the deceased Manoj, father -in -law Nanak, Nanad Nidhi and Seema and mother -in -law Machla used to demand of Rs. 50,000/ - additional dowry and a motorcycle from her and used to assault her. On 17.8.2010 at about 11 a.m., the deceased who was carrying pregnancy of about six months was done to death by the accused persons by hanging her. The accused being influential persons no one was ready to give evidence against them. The informant also informed some persons of the village namely Mohan Lal S/o Ghamandi, Devi Ram S/o Lahori, Suresh S/o Khem Singh and Panchayat was also held regarding her harassment for demand of dowry and assaulting her in the house.