SATYA PRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) Under challenge in the instant Criminal Appeal is the judgment and order dated 30.07.2010 passed by Additional Sessions Judge/Fast Track Court-I, Basti, in Sessions Trial No. 195 of 2008, arising out of Case Crime No.160 of 2008, Police Station Paikolia, District Basti, whereby present appellant Satya Prakash was convicted for the offence under Section 302 IPC and was sentenced to undergo imprisonment for life and also with fine of Rs.10,000/-. He was also convicted for the offence under Section 201 IPC and was sentenced to undergo rigorous imprisonment for a period of two years and also with fine of Rs.2,000/- In default of payment of entire fine amount, the appellant was directed to undergo one year's additional imprisonment. Both the sentences were directed to run concurrently.

(2.) Co-accused Shivram, who was also tried along with appellant Satya Prakash, was acquitted of the charges levelled against him. Admittedly, no appeal on behalf of the State or by the victim of the offence has been preferred against the said acquittal.

(3.) Abridged facts of this case, for the purpose of instant appeal, are that Shri Ram Ugrah lodged a first information report on 20.04.2008 at 1515 hours at Police Station Paikolia, District Basti, alleging therein that his sister Amrawati was married with appellant Satya Prakash Verma. They were blessed with three children. Satya Prakash was pressurizing her sister Amrawati in connection with demand of one motorcycle in dowry. Amrawati used to reply that her family members are unable to fulfil his demand then Smt. Amrawati was beaten by the appellant. This fact was narrated by the deceased Amrawati several times to her family members. The complainant several times went to the house of his sister and requested appellant Satya Prakash not to treat Amrawati with cruelty but Satya Prakash continued with his demand of motorcycle. On 13.04.2008 the complainant had gone to the house of his sister. His sister was not present in her house. The complainant made an inquiry in the village but no information could be gathered by him. Appellant Satya Prakash and his family members were also not present in the house. The villagers told him secretly that appellant Satya Prakash has murdered his wife. The complainant continued the search of his sister and for that purpose when he again went to village Saraiya Sarhadi then in a field, situated towards north of the house of the appellant, the dead body of Amrawati was buried. It was alleged in the first information report that appellant Satya Prakash along with his companion Shivram, after committing murder of Amrawati, buried her dead body which has been recovered. Thereafter, the information of this incident was given at the police station.