DINESH Vs. STATE OF U.P.

JUDGEMENT

(1.) Present appeal has been filed by the appellant Dinesh against the judgment and order dated 30.8.2011 passed by Additional Sessions Judge / Special Judge (E.C. Act), Etah in Sessions Trial No.407 of 2004 (State Vs. Hoti Lal and others) under Sections 498-A, 304-B IPC and 3/4 Dowry Prohibition Act, P.S. Kasganj, District Etah pertaining to case crime no.339 of 2003 whereby the learned trial Court has convicted and sentenced the accused-appellant for the offence under section 498-A IPC to undergo three years rigorous imprisonment and a fine of Rs.1000/-, for the offence under section 304-B IPC to undergo ten years rigorous imprisonment and for the offence under section 4 of the Dowry Prohibition Act to undergo two years rigorous imprisonment and a fine of Rs.1000/-. In default of payment of fine, appellant was directed to undergo additional imprisonment.

(2.) Prosecution story, in brief, is as follows :

(3.) This information was entered into G.D. (Ex.Ka.-8) vide Rapat No.27 dated 28.10.2002 at 11:45 A.M. S.S.I. Yogendra Pal Singh along other police personnel reached at the spot and prepared the inquest report (Ex.Ka.-11) on the same day at 4:30 P.M. He also prepared the police papers viz. challan nash (Ex.Ka.-13), letter to C.M.O. (Ex.Ka.-14), photo nash (Ex.Ka.-15) and sample seal. Keeping the dead body of the deceased in a sealed cloth, it was sent for postmortem through the constables.