OMKAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction dated 26.8.2009 and order of sentence dated 28.8.2009 passed by Additional Sessions Judge/F.T.C. Court No. 16, Bulandshahr in Sessions Trial No. 625/2006, State Vs. Omkar Singh and others, case crime no. 18/2006, under section 498-A, 304-B, 120-B IPC and section 3/4 of Dowry Prohibition Act, p.s. Aurangabad, Bulandshahr and Sessions Trial No. 626/2006, State Vs. Omkar Singh, case crime no. 19/2006 under section 25 of Arms Act, p.s. Aurangabad, Bulandshahr.

(2.) Prosecution case in brief has been that complainant Indrapal Singh is resident of Khalikpur, p.s. Ahar, Bulandshahr. His daughter Lalitesh aged about 20 years was married on 17.2.2005 with Omkar son of Man Singh, resident of Surjawali, p.s. Aurangabad, Bulandshahr. In this marriage complainant had given sufficient dowry. But he was informed that his daughter was harassed because of demand of dowry. Therefore on 5.2.2006 at about 8:00 p.m. in night complainant proceeded from village Ilna to Surjawali with his maternal cousin brothers. They were going through eastern road of Ilna canal, then at about 8:30 p.m. in evening they heard the sound of fire from western road of canal. They ran directly in the canal and saw that Hero Honda motorcycle no. UP 13 3898 was standing and near it complainant's son-in-law Omkar Singh was standing with country-made pistol. They had seen him in the light of torch and called him. On it Man Singh recognized them and fled away. Then in the light of torch complainant saw that the dead body of his daughter Lalitesh was lying there near motorcycle. She had died due to shot of fire. Thereafter complainant Indrapal Singh got the report written from one Rameshwar son of Veer Singh, resident of Khalikpur and gave it in police station Aurangabad where case crime no. 18/2006, under section 498-A, 304-B IPC and section 3/4 Dowry Prohibition Act was registered against single accused Omkar Singh on 5.2.2006 at about 10:10 p.m. Thereafter police party, along with S.O. Yashpal Singh raided the house of accused Omkar Singh son of Man Singh in village Surjawali and searched it. They found that Omkar was hidden beneath the cot in his house. When he was searched at about 23'O clock (11:00 p.m. in the night) then a country-made pistol of 315 bore was found from his pocket which was smelling with fresh smell of fire. Then police had taken possession of country-made pistol and fired cartridge, sealed it, prepared its memo and recovery; and took accused Omkar in custody. On the basis of this recovery case crime no. 19/2006 under section 25 of Arms Act was registered in police station Aurangabad on 6.2.2006 at about 00:05 a.m. (night). The dead body of Smt. Lalitesh was sent by the police for post-mortem, which was conducted on 6.2.2006 and post-mortem report (Ex. Ka-2) was prepared. During investigation country-made pistol recovered from accused was sent for testing in Forensic Science Laboratory.

(3.) After completion of investigation charge-sheet was submitted by police for case crime no. 18/2006 against accused Omkar Singh and his three brothers namely, Suresh, Naresh and Raj Kumar for offences under sections 498-A, 304-B, 120-B IPC and section 3/4 of Dowry Prohibition Act. Charge-sheet was also submitted against Omkar Singh for case crime no. 19/2006 for offence punishable under section 25 of Arms Act. Both the cases related to same incident, so their trials were carried out jointly. Sessions Court had framed charge against accused Omkar Singh for offences punishable under section 498-A, 304-B IPC and section 3/4 of Dowry Prohibition Act, and separate charge of section 25 of Arms Act against him. Sessions Court had also framed charge of offence only section 120-B IPC against three accused Naresh, Raj Kumar and Suresh. All accused have denied charges against them and claimed to be tried.