MALTI TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) The above mentioned appeals have been filed against the judgment and order dated 18.9.2013 of Special Judge (Ayodhya Prakaran)/Additional Sessions Judge, Lucknow passed in Sessions Trial No. 153 of 1999, State of U.P. v. Laxmi Narain Tripathi and others, whereby appellants have been held guilty under section 498 A, 304 -B IPC and Section 4 Dowry Prohibition Act and Smt. Malti Tripathi has been sentenced to 7 years rigorous imprisonment and Sanjiv Kumar Tripathi and Surya Kumar Tripathi have been sentenced to 14 years rigorous imprisonment under section 304-B, IPC and all appellants have been sentenced to two and half years rigorous imprisonment and Rs.3,000/- fine with default stipulation of six months imprisonment under section 498 A IPC and six months rigorous imprisonment and Rs.5,000/- fine with default stipulation of three months imprisonment under section 4, D.P. Act and all sentences have been ordered to run concurrently.

(2.) The above appeals have arisen from a common judgment and order, and therefore they are being decided together by common judgment and the judgment is being passed in Criminal Appeal No. 1469 of 2013.

(3.) The facts giving rise to criminal appeals in brief are that one Ashok Kumar Mishra, the first informant, submitted a written report dated 26.8.1998 at Police Station Krishna Nagar, District Lucknow stating therein that his only daughter namely Smt. Vidhuti Mishra was married with appellant Surya Kumar Tripathi on 25.2.1993 according to Hindu rites and he had given presents to appellants in the said marriage according to the best of his capacity. He had also stated in the report that his son-in-law Surya Kumar Tripathi, the mother and father of son-in-law namely Smt. Malti Tripathi and Laxmi Narain Tripathi and brother of son-in-law namely Sanjiv Kumar Tripathi were not satisfied with the presents given at the time of marriage. They used to make demand of dowry from his daughter and beat her also for non fulfillment of their demand. He had further stated that appellants also forced his daughter for taking tuition and treated her like maid. He had further stated that he received a telephonic message on 26.8.1998 that his daughter has committed suicide whereafter he went to the house of appellants and found that his daughter was killed for dowry. The written report submitted by the first informant is Ex.Ka-1.