NANHAKKE & ANOTHER Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dated 12.9.1996 in S.T. No.993 of 1994 passed by Ist Additional Sessions Judge, Unnao in Crime No.163 of 1993, P.S. Gangaghat, district Unao convicting and sentencing the appellant u/s 498-A IPC for three years imprisonment and u/s 304-B IPC for seven years R.I. Both the sentences have been ordered to run concurrently.

(2.) Prosecution case in brief are that as per the prosecution case, the marriage of the informant's daughter was solemnized two years prior to the incident. Her husband Nanhakke, father-in- law Babu Lal and mother-in-law Smt. Shanti Devi used to demand watch and bicycle from her and on non-fulfilment of the said demand, the accused-appellant used to cruelly treat her and tortured the deceased for want of the same and on account of the said harassment, the deceased on 15.4.1993 had committed suicide at the eastern outer signal of Ganga Ghat Railway Station. A day prior to the said incident when the deceased committed suicide, the accused had also made great harassment to the deceased. The information about the incident was given to the informant Smt. Sukhdevi who is the mother of the deceased by her another son-in-law Rajesh on which she arrived at the place of incident and saw that her daughter's body was cut into pieces by a train. The in-laws of the deceased had run away from the house which was found to be locked. The FIR was lodged on the written report of Smt. Sukhdevi on 16.4.1993 at P.S. Kotwali, district Unnao case crime no.38 of 1993 u/s 498-A, 304-B IPC and the same was endorsed in the G.D of the concerned police station which are marked as Ext.Ka-3 and G.D is marked as Ext.Ka-4.

(3.) The charges were framed against the accused u/s 498-A and 304-B IPC by the trial court who denied the same and claimed to be tried.