BANTI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri. Ram Babu Sharma, learned counsel for the appellant, Sri A.N.Mulla, Sri Saghir Ahmad, Sri J.K.Upadhayay and Km. Meena, learned AGA for the State and Smt. Manju Thakur, brief holder of the State.

(2.) This criminal appeal has been preferred by the appellant Banti under Section 374(2) Cr.P.C. against the judgment and order dated 22.12.2009 passed by Additional Sessions Judge, Court No.9 Badaun in S.T. No. 1120 of 2008 (State v. Banti) under Section 302 IPC arising out of case crime no. 94 of 2008 , P.S. Rajpura, District Badaun by which the appellant has been convicted under Section 302 IPC and sentenced to imprisonment for life together with fine of Rs. 10,000/- and in case of default of payment of fine one year additional rigorous imprisonment.

(3.) Briefly stated, the facts of this case are that complainant Shivkali wife of Leeladhar gave a written report Ex. Ka-1 to the P.S. Rajpura, Gunnaur, District Badaun on 04.03.2008 at 10.00 a.m. alleging therein that her daughter Ramwati was married to one Pappu son of Kundan, r/o Village Gawan about 41/2 years before who used to demand dowry from her but about six months before Pappu had died after a prolonged illness and after his death her daughter Ramwati had returned back to her paternal home. About 11/2 months before the occurrence, Bhuri wife of Kundan and her other relatives had come to her house and had taken away her daughter Ramwati with them on the promise of keeping her in her house as the wife of Banti. Thereafter appellant-Banti son of Kundan also started demanding dowry from her and her daughter Ramwati and threatened to throw her out from his house in case his demands for dowry remained unfulfilled. In the night of 3/4-03-2008 accused-appellant Banti son of Kundan had committed the murder of her daughter Ramwati by shooting her. On the basis of the written report of the occurrence Ex. Ka-1, Check FIR Ex.Ka-3 was prepared and case crime no. 94 of 2008 was registered against the accused appellant Banti under Section 498A, 304 IPC and 3/4 D.P. Act and the relevant G.D. entry Ex.Ka-5 was made. After it's registeration, investigation of case crime no. 94 of 2008 was handed over to C.O., Gunnaur who after recording the statements of the complainant Shivkali PW-1 and other witnesses inspected the place of incident and prepared the site plan Ex.Ka-4. During the process of investigation, the investigating officer of the case took possession of the dead body of the deceased and after holding the inquest prepared the inquest report Ex. Ka-7 and other documents, namely, photo lash, specimen seal, chalan lash, police form no. 13, letter addressed to CMO and letter addressed to R.I. Ex.Ka-8 to Ex.Ka-14 respectively and thereafter despatched the cadevar of the deceased to the District Hospital, Badaun for conducting post mortem.