RAJENDRA KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The present criminal appeal has been preferred by the accused/ appellant Rajendra Kumar @ Raju Nirmal against the judgement and order dated 25.2.2011 passed by the Additional District & Sessions Judge, Court No.1, Fatehpur in Session Trial No. 237 of 2010 (State of U.P. vs. Rajendra Kumar @ Raju Nirmal) convicting and sentencing the appellant for the offence punishable under Section 304-B IPC to undergo ten years rigorous imprisonment, for the offence punishable under Section 498-A IPC to undergo one year rigorous imprisonment and a fine of Rs. 1,000/-, and for the offence punishable under Sections Dowry Prohibition Act to undergo one year rigorous imprisonment and a fine of Rs. 1,000/-. In default of payment of fine, the appellant was also directed to undergo additional imprisonment of 6 months. All the sentences have been directed to run concurrently.

(2.) The facts of the case as unfolded by the informant Chandra Bali son of Ram Manohar are that on 23.5.2005, the informant had married his daughter Anita with Rajendra Kumar @ Raju Nirmal, resident of Village Akbarpur Chaurai, Police Station Hathgam, District-Fatehpur according to Hindu rites and rituals. At the time of marriage, he had given sufficient dowry as per his capacity but the husband of Anita Devi, mother-in-law Laxmi Devi, father-in-law Ram Narayan and sister-in-law Smt. Asha Devi were not happy with the same and due to which they subjected Anita Devi at cruelty and harassment and were pressurising Anita Devi to demand from her parents Rs. 1,00,000/- cash and a Motorcycle. They gave threat to kill her on non-fulfilment of the aforesaid demand and were ready to re-marry. When she went to her father's house, she told about all these facts and said that the accused were adamant on their demand. On 4.10.2005, after five months of the marriage, the aforesaid accused beat Anita Devi and causing burn injuries done her to death. The informant was not informed about the incident. On 5.10.2005, the information was received on Phone from Mumbai that Anita Devi was done to death by causing burn injuries by her in-laws. On this information, when he reached at her in-laws house, he saw that Anita Devi was lying dead in burn condition. His signature was taken on Panchayatnama forcibly. On next date i.e. 6.10.2005, he gave written report against the accused persons but no action was taken by the local police. He again gave a letter dated 28.8.2006 to the Superintendent of Police Fatehpur by Registered Post, but no action was taken on that application also. He repeatedly knocked the door of police, but with no result, therefore, he moved an application under Section 156 (3) Cr.P.C. before the Magistrate concerned, on which direction, on 9.5.2007 at 8.00 a.m. chick FIR (Ext. ka-7) at police station Hathgam at case crime no. CC 3/2007 under Section 498-A, 304-B IPC and 3/4 D.P. Act was registered mentioning all the details as had been described in the application. G.D. entry (Ext. ka-8) was also made at the same time.

(3.) Investigation of the matter was entrusted to the Circle Officer, Thariyaon. The Investigating Officer started investigation. He inspected the place of occurrence and prepared site plan (Ext. ka-9).