RAM PRAKASH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Shri Suresh Kumar Upadhyay, learned counsel for the appellant, and Mr. M. Y. Ansari, learned AGA for the State were heard at length.

(2.) Instant appeal has arisen out of the judgment and order dated 23.6.2007 passed by learned Additional Sessions Judge Court No.10, Faizabad in Sessions Trial Court No.93 of 2006 in Case Crime No.694 of 2005; State vs. Ram Prakash Yadav, under section 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, relating to P.S. Kotwali Bikapur, District- Faizabad wherein the learned Trial Court has convicted the accused-appellant under Section 304B and sentenced him to undergo imprisonment for life and also under Section 498A IPC and sentenced him to undergo three years rigorous imprisonment and with fine of Rs.5000/- with default stipulation of one month's imprisonment.

(3.) According to the prosecution, marriage of deceased Amrawati was solemnized with accused Ram Prakash Yadav about two years prior to the date of occurrence. Deceased died on 15.12.2005. First information report was lodged by complainant Manraj father of the deceased at P.S. Kotwali Bikapur, District-Faizabad stating that sufficient dowry was given in the marriage. After marriage deceased was treated with cruelty in connection with demand of dowry by her husband, brother-in-law, (dewar) Tilak Ram Yadav. A demand of motorcycle and gold chain was made. Complainant took his daughter to village. Before four days of Deepawali deceased went to her in laws house where accused alongwith Tilak Ram Yadav murdered her. On the basis of first information report case was registered. Investigation was handed over to circle officer Bikapur. Inquest proceedings begun on 16.12.2005 12 O' clock and continued till 1.30 PM. Dead body was sent for postmortem which was conducted on 16.12.2005 at 4.55. Duration of death was reported about one day. Cause of death was asphyxia and shock due to ante mortem burn. 100% burn were present on the whole body. After completion of the investigation, charge-sheet was submitted against accused/appellant. Tilak Ram was declared as juvenile and his case was sent to Juvenile Justice Board by the Additional Session Judge.