ASHOK KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Under challenge in the instant appeal is the judgment and order dated 29.03.1996 passed by the Vth Additional Sessions Judge, Faizabad in Sessions Trial No. 271 of 1993 under Sec. 304 -B IPC, P.S. Jalalpur, District Ambedkar Nagar whereby the appellant has been convicted with seven years rigorous imprisonment.

(2.) Brief facts of the case are that the complainant -Ram Dayal lodged the first information report on 14.03.1993 stating that his daughter, namely, Usha Devi was married to Ashok Kumar Jaiswal two years ago. A person from the neighbouring village informed him that his daughter has been murdered by her in -laws causing burn injuries. The complainant went to the village Songaon where he found that the information was correct. He had talked to Ashok Kumar Jaiswal and his mother but they had not given any clear answer and the dead body was also vanished by the accused persons. It has further been stated in the first information report that the husband and mother in law of his daughter had tortured for dowry but due to intervention of some relatives, they remained silent for sometime but after sometime, they again demanded the money. He was also informed that for the last three four years, they were quarrelling with his daughter and she was also tortured. Upon this information, the case was registered at Case Crime No. 71 of 1993 under Sec. 304 -B/201 IPC. After investigation, the charge -sheet was filed against the appellant and he along with his mother were charged for the offence punishable under Ss. 304 -B and 201 IPC.

(3.) The prosecution has examined Ram Dayal -father of the deceased as PW -1 who has stated in his statement that the marriage of his daughter, Usha Devi was solemnized with Ashok Kumar Jaiswal on 25.05.1990 and before the marriage, a demand of Vikki Motorcycle was made which he could not give because he was not having such a position. He has also stated that, when after two months, he went to the house of her daughter for valediction then also a demand of Vikki Motorcycle was made. He was informed that his daughter is being tortured for demand of dowry and she was badly beaten. A Panchayat was also conducted in this regard upon which, a farewell of his daughter was again took place but after one and a half month, he came to know that his daughter had died due to burn injuries and upon the information he went to the house of Ashok Kumar who told that she died during cooking of food. In the village, he also came to know that two -three days ago, there was quarrel between Ashok Kumar and his daughter and she was not given food for two days and she was murdered. He has proved the first information report as Ext. Ka -1 and has further stated that his daughter was educated up to Class VII. This witness has also proved the handwritten letters of the deceased as Ext. Ka -2 and Ka -3.