LOKAI & ANOTHER Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and order dated 9.8.1996 passed by First Additional Sessions Judge, Unnao in S.T. No. 535 of 1992 (State Vs. Lokai & Others) under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station-Safipur, District-Unnao, whereby the accused Mool Chandra and Lokai were found guilty and sentenced to 6 months rigorous imprisonment each under Section 498-A and 10 years rigorous imprisonment under Section 304-B I.P.C. However, co-accused Smt. Bilasha was acquitted on all counts.

(2.) The facts germane to the present appeal are that the informant Ram Lal Redas lodged a written report before the S.P., Unnao stating that his daughter Bitto was married to Mool Chandra in the year 1989-90 and sufficient dowry was given. After marriage when the daughter of the informant reached her matrimonial house, her mother-in-law, father-in-law and husband tortured her for demand of additional dowry. They used to ignore his daughter and assaulted her. His son-in-law Mool Chandra had illicit relations with the characterless ladies of the village. When the daughter of the informant used to oppose, Mool Chandra used to beat her in intoxicated state. The daughter of the informant used to tell her parents about all these incidents. The informant went to his son-in-law's house and asked him no to do so. But Mool Chandra always misbehaved with the deceased.

(3.) In the intervening night of 3.4.1992 the mother-in-law, father-in-law and husband of Bitto strangulated and killed her. Thereafter they tide her neck with a rope and hung her, so that it may appear that she had committed suicide. When the informant came to know about this, he went to the spot and saw his daughter hanging. She was dead, her feet were touching the floor. When he went to the police station to lodge the report, the C.O. did not lodge the report. After inspecting the spot, the C.O. directed the informant to move an application before the S.P. The informant moved an application before the S.P. Thereafter report was lodged. The investigation ended into a charge-sheet.