CHANDRA PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Four persons namely Chandra Pal @ Rachit, Smt. Atarkali, Bablu (jeth) and Smt. Sharda (jethani) were named as accused in the FIR out of whom Bablu (jeth) and Smt. Sharda (jethani) were exonerated during investigation and thus Chandra Pal @ Rachit and Smt. Atarkali were only put to trial who were convicted by the trial court. Both the convicted accused Chandra Pal @ Rachit and Smt. Atarkali preferred jail appeals before this Court. A represented appeal was filed by Atarkali before this Court which is numbered as Criminal Appeal No. 1574 of 2012. The jail appeal preferred by Chandra Pal @ Rachit was numbered as Jail Appeal No. 2708 of 2012. The represented appeal of appellant Atarkali was admitted vide order dtd. 20/12/2012 whereas the jail appeal of accused Chandra Pal @ Rachit was admitted vide order dtd. 19/7/2012. The aforesaid appeals have been preferred against the judgment and order dtd. 28/3/2012 passed by Additional District and Sessions Judge (T) Court No.4, Ghaziabad in Session Trial No. 897 of 2011 (State of U.P. Vs. Chandra Pal @ Rachit and another) whereby the accused Chandra Pal was convicted and sentenced under Sec. 498-A IPC to two years R.I., fine of Rs.1000.00 and in default of payment of fine to one month additional imprisonment, under Sec. 304-B IPC to life imprisonment, fine of Rs.20,000.00 and in default of payment of fine to two years additional imprisonment, under Sec. 4 of the Dowry Prohibition Act for one year imprisonment, fine of Rs.1000.00 and in default of payment of fine to one month additional imprisonment. The sentences were ordered to run concurrently. The accused Atarkali was convicted and sentenced under Sec. 498-A IPC to two years R.I., fine of Rs.1000.00 and in default of payment of fine to one month additional imprisonment, under Sec. 304-B IPC to ten years imprisonment, fine of Rs.20,000.00 and in default of payment of fine to two years further additional imprisonment, under Sec. 4 of the Dowry Prohibition Act to one year imprisonment, fine of Rs.1000.00 and in default of payment of fine to one month additional imprisonment. All the sentences were also directed to run concurrently. It was further ordered that out of fine as imposed after the period of appeal, half of the said amount would be paid to the children of the deceased as per rules. Further it was ordered that benefit of set off of the period already undergone by the accused shall be given to them.

(2.) The present case started on an application dtd. 12/3/2011 given by Ramesh Chandra to the In- charge, P.S. Masoori, District Ghaziabad of which Prince son of Vivek Kumar was the scribe alleging therein that on 11/10/2010 he had married his daughter Jyoti as per rites and rituals and given gifts of Rs.2,40,000.00. After marriage his daughter was being abused which was told by her on telephone and she informed him that her in-laws are demanding dowry and stating that she may bring Rs.2.00 lakh from her maternal house for purchase of a plot. She told them that it is not possible for her parents to arrange for the said amount on which her husband started assaulting her and continued his demand. On her informing her family members, they went to her matrimonial house where they were also abused and assaulted and a demand of Rs.2.00 lakh was raised before them and it was stated that if it is not fulfilled then his daughter would be murdered. On 12/3/2011 he received an information on phone that his daughter has died. He went to the said place and did not find her husband, mother-in-law, jeth and jethani there who had committed the said offence. Their names are Chandra Pal @ Rachit, Atarkali (mother-in-law), Bablu (jeth) and Sharda (jethani), the said application is Exb: Ka-1 to the records.

(3.) On the basis of the said application, a First Information Report was transcribed on 12/3/2011 at about 14:10 hours at Police Station Masoori, District Ghaziabad as Case Crime No. 165 of 2011, under Ss. 498-A, 504, 304-B IPC and Dowry Prohibition Act against Chandra Pal @ Rachit, Atarkali (mother-in-law), Bablu (jeth) and jethani Sharda. The Chik FIR is Exb: Ka-2 to the records.