BALENDRA @ BALI GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) Under challenge in the instant Criminal Appeal is the judgment and order dated 29.07.2004 passed by Additional Sessions Judge/Special Judge, E.C. Act, Mirzapur, in Sessions Trial No. 42 of 2003, arising out of Case Crime No.14 of 2003, Police Station Kotwali Katra, District Mirzapur, whereby appellant Balendra @ Bali Gupta was convicted for the offence under Section 304-B IPC and was sentenced to undergo imprisonment for life. He was further convicted for the offence under Section 498-A IPC and was sentenced to undergo rigorous imprisonment for a period of two years and also with fine of Rs.5,000/- with default stipulation of three months' additional simple imprisonment. However, the remaining accused persons namely Shiv Nath Das @ Bhaiya Lal, Smt. Meera Devi and Smt. Ragini Devi, who were also tried along with the appellant, were acquitted of all the charges levelled against them.

(2.) In brief, the case of the prosecution was that the complainant Sanjay Gupta, who happens to be the brother of the deceased, lodged a first information report at Police Station Kotwali Katra, District Mirzapur, on 06.01.2003 at 00.10 hours alleging therein that his sister Sarita @ Pammi was married with appellant Balendra @ Bali Gupta about two years prior to this incident. Four lacs rupees were spent in the marriage but the appellant and his family members were pressing the demand of rupees one lac cash and a big refrigerator in dowry and for the said purpose, his sister Sarita was treated with cruelty. Whenever the complainant and his family members used to visit his sister's house then she used to narrate the cruelty which was being suffered by her at the hands of the family members of her in-laws house and she also expressed apprehension that she shall be killed. The family members of the deceased used to console her that bad weather of her life shall pass off. In this regard, the complainant had a talk with his brother-in-law (appellant). In spite of several requests of the complainant and his family members, there was no improvement in the behaviour. About one week prior to the incident, when the complainant had gone to visit her sister even then the same story was narrated by her sister. The complainant had a talk with the appellant and requested for 15 days time to fulfil their demand but in between he got an information that his sister has been killed by strangulation and by setting her ablaze.

(3.) After registration of the case, inquest proceedings took place and the dead body of the deceased was sent for postmortem.