SUSHIL KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal has been filed by the appellants against the judgment and order of conviction dated 14.03.2000 passed by the Ist Additional Sessions Judge, Unnao in S.T.No.351 of 1998, whereby both the appellants have been convicted under Sections 304 -B, 498 -A, IPC and Section 3/4 Dowry Prohibition Act. The period of sentence of the appellants is ten years and one year under section 498 -A IPC and Section 3/4 Dowry Prohibition Act.

(2.) AS per the First Information report lodged by the informant, his sister was married to the appellant no.1 in the year 1998. The informant had given dowry at the time of marriage as per his financial status, but after about a month of the marriage, the appellants started demanding a Hero Honda motorcycle and cash. Since the informant was not in a position to fulfill the demand of the appellants, he persuaded them not to make any demand of dowry. It was further stated in the First Information Report that in order to fulfill their demand the appellants used to physically assault the sister of the informant. On 01.07.1998, the informant was informed that his sister had committed suicide by hanging herself. On receiving this information, the informant immediately rushed to the Sasural of his sister, where he found the dead body of his sister lying on the ground. He immediately suspected that his sister had been killed by the appellants. He lodged the First Information Report on 01.07.1998, upon which a case under Section 498 -A, and 304 -B IPC was registered against them and the Investigating Officer proceeded to investigate the case. He collected the material evidence during investigation and on completion of investigation, submitted charge -sheet.

(3.) THE learned trial court after framing of charge called upon the prosecution to give evidence. The prosecution in support of its case examined six witnesses and the trial court on the basis of evidence and other material on record, found the appellants guilty and convicted them, as aforesaid.