KAMTA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment of conviction and sentence dated 5.8.2005 passed by Addl. Sessions Judge, Court No. 1. Kanpur Nagar in S.T. No. 1337 of 2000, State v. Kamta Singh under sections 498 -A, 304 -B and 302 IPC, Crime No. 391 of 2000, P.S. Naubasta, Kanpur Nagar by which sole accused -appellant was convicted for charge under sections 498 -A and 302 IPC. The prosecution case before Trial Court in brief was that complainant Durga Singh lodged an FIR on 10.5.2000 at 18:50 am with the averment that he had married his daughter Madhu on 5.5.1996 with Kamta Singh. Soon after the marriage Madhu was treated with cruelty for dowry and demanded Rs. 20,000/ - and a motorcycle and for this her husband Kamta Singh, mother -in -law, father -in -law and sister of husband used to beat her. Then Madhu after taking particulars left the house of her husband and came to complainant's house at 182/23 K -Block, Kidwai Nagar, Kanpur Nagar. There Madhu told about her harassment for demand of dowry. Madhu continued to reside with complainant Durga Singh. One day before Holi his son -in -law Kamta Singh came to his house and expressed regret and told that he would not demand dowry and would stay with complainant's family and work there. Then complainant permitted accused Kamta to live there. 2 -4 days before the incident, Kamta Singh had again demanded Rs. 20,000/ - for doing some work and also threatened of dire consequences if he was not paid the amount. But his words were not taken seriously. On 9.5.2000 anytime in night Madhu screamed, hearing which complainant went there and saw that Kamta Singh was hitting Madhu with brick. On alarm complainant's son Rajesh and wife also came there and raised alarm, then Kamta Singh fled away from the spot. Then complainant saw that Madhu was lying dead, and her body was soaked with blood. Madhu was murdered for not fulfilling the dowry demand. Thus complainant Durga Singh had lodged a written report (Ex. K -1) after getting it written by scribe Raj Hans Singh, his son -in -law. On the basis of this written report case crime No. 391 of 2000 under sections 498 -A and 304 -B was registered and investigation started.

(2.) THE proceeding of inquest were performed by PW -5 Sri O.P. Singh, Addl. City Magistrate, Kanpur Nagar on 10.5.2000, who prepared inquest report Ex. K -5 and other documents Ex. K -6, 7, 8 and 9 and sent the dead body of Madhu for post -mortem. Post -mortem was conducted by two doctors on 10.5.2000 at 4.00 pm. Initially investigation was conducted by circle officer Nilesh Kumar. But after inclusion of section 302 IPC, the investigation was conducted and concluded by R.P. Singh, S.O. who had submitted charge -sheet in the Court against Kamta Singh.

(3.) IN support of the charges prosecution side had examined PW -1 Durga Singh, the complainant. PW -2 Radha Singh (complainant's wife), PW -3 Head Moharrir Ganga Charan, PW -4 Dr. O.N. Dwivedi, PW -5 O.P. Singh, Addl. City Magistrate, and PW -6 S.R.P. Singh HO (IO). These witnesses had proved documentary evidences of prosecution side.