VIPIN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The instant appeal, filed on behalf of the accused-appellant, is directed against the judgement and orders dated 9.11.2015 passed by Sri Gopal Kulshrastha Special Judge, SC/ST Act, Kanpur Nagar in Session Trial No.371 of 2012, District Kanpur Nagar, whereby appellant was convicted and sentenced under section 498-A I.P.C to undergo three years rigorous imprisonment and to pay fine of Rs.2,000/-and was further convicted and sentenced under section 304-B I.P.C to undergo 7 years rigorous imprisonment and to pay fine of Rs.5,000/- and was further convicted and sentenced under section 201 I.P.C to undergo two years imprisonment and to pay fine of Rs.2,000/- and was also convicted and sentenced under section D.P.Act to undergo 2 years imprisonment and to pay fine of Rs.2000/- and in default of payment of fine to undergo one month additional imprisonment. All the sentences were directed to run concurrently. Other two accused were acquitted.

(2.) In the present appeal, facts of the prosecution case may be summarized as under.

(3.) That vide report dated 1.2.2012, Ram Chandra Gupta, resident of Mohalla Moolganj has informed the Station Officer Badshahi Naka that his daughter Neelam has married with Vipin Singh in November,2008. On account of affection of his daughter he accepted the said marriage but after marriage she was ill-treated in her Sasural and they were demanding Rs.2,00,000/- in dowry. When he had shown his inability to pay that amount, they did not permit him to see his daughter. His daughter used to meet his son separately and tell about her torture by her-in-laws and her husband. On 27.1.2012 she had met him and told him about the demand of dowry. That day at 1.00 p.m he saw photograph of her daughter published in Rastriya Sahara news paper as unknown dead body. Thereafter he went to the Sasural of his daughter but the house was locked and neighbors informed him that they had gone with his daughter somewhere on Sunday but on their return his daughter was not with them. Thereafter he had gone to police station Ganga Ghat where he identified the photograph of her dead daughter. He is sure that his daughter was murdered by her husband Vipin Singh, Vishnu Dayal father-in-law, her-mother-in law, Sunil Singh her brother-in-law(Jeth) and his wife sister-in-law (Jethani).