RAKESH Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in these appeals is to the judgment and order dated 30.11.1996 passed by Special Judge, Unnao, in Sessions Trial No. 875 of 1994 (State vs. Rakesh and others), arising out of Case Crime No. 108 of 1994, under Sections 498A, 304B, 342, 201 I.P.C. and Section 3/4 of the D.P. Act, Police Station Asiwah, District Unnao, whereby the accused persons were found guilty and sentenced to 3 years rigorous imprisonment and Rs. 2000/- as find under Section 3/4 D.P. Act, 1 year rigorous imprisonment under Section 498A and 10 years rigorous imprisonment under Section 304 B I.P.C with default stipulation.

(2.) The prosecution story as unfolded as per statement of the prosecution witnesses and the first information report is that the informant Prabhu Dayal has lodged the first information report on 22.04.1994 stating that his daughter Guddy was married 11 months ago to Rakesh, the accused. Guddy has come to her paternal house five times after her marriage. He has given sufficient dowry in the marriage but the accused persons were not satisfied with the dowry and they used to assault the deceased and used to torture her and demanded a T.V. and a cycle as additional Dowry. The deceased narrated the whole incident to her parents, her sister, uncle (Foofa) Ram Asray and Shiv Balak. The informant talked to the accused persons in the matter and promise to give a T.V. and cycle after obtaining loan from somewhere. On 18.04.1994 one Radhey Lal informed him that the deceased was suffering from Cholera. When the informant went to the matrimonial house of the deceased, he saw one eyeball of the deceased was missing. She was bleeding. He suspected that the deceased was killed by the accused due to non fulfillment of dowry. The informant was going to the Police Station Rasoolabad to give information in the matter. Suddenly, Heera Lal, Siya Dulari, Rakesh his brother and sister-in-law took him into a room. Heera Lal pointed a country made pistol at him and threatened him not to go to lodge the report. He was compelled to sign on some blank papers. The dead body of the deceased was taken by the accused persons on some unknown place. On 19.04.1994, at 04:00 A.M., the hands and mouth of the informant were tied and he was left outside the village. Since then the informant was feared and tainted about the death of his daughter. He was perturbed. On 22.04.1994, he went with his brother-in-law to the police station and lodged the report.

(3.) On the basis of this first information report, PW-6 Constable 117 C.P. Abdual Gaffar scribed the chik report which proved by this witness as Exhibit Ka-4. further the witness scribed the copy of the G.D. which was proved by him as Exhibit Ka-5.