ABHAY SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant appeal is directed against the judgment and orders dated 22.12.2015 passed by the learned Additional Sessions Judge, Court No.13, Varanasi in S.T. No. 319 of 2011 (State Vs. Abhay Singh) arising out of case crime no. 58 of 2011, P.S. Bhelupur, District Varanasi, whereby the appellant was convicted under under sections 498A, 304B IPC 4 Dowry Prohibition Act and sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 10,000/-, in default thereof to further undergo simple imprisonment of six month; to undergo rigorous imprisonment for eight years'; to undergo rigorous imprisonment for two years and to pay fine of Rs. 5000/-, in default thereof to further undergo simple imprisonment of three months, all the sentences were directed to run concurrently.

(2.) Heard Sri Sameer Jain, learned counsel for the appellant, Km. Anjum Haq, learned AGA for the State and perused the record.

(3.) On behalf of the appellant the impugned judgment and orders have been challenged on the ground of legal and factual infirmities. The learned counsel for the appellant has submitted that in the present case prosecution could not prove demand of dowry in connection with marriage. It could also not prove that soon before her death the deceased was subjected to cruelty/harassment in connection with such demand. FIR has been lodged with delay. Inquest proceedings have been held on the information of the appellant. The death of the deceased took place due to ante mortem hanging. It was a case of suicide without any element of harassment or cruelty by the appellant but the learned trial Judge has ignored all these relevant factors and convicted the appellant erroneously.