GREESH AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) The present criminal appeals have been filed against the judgment and order dated 7.9.2010 passed by the Additional Sessions Judge Room No. 3, Farrukhabd in Session Trial No. 209 of 1998 (State of U.P. Vs. Jagat Pal & others) arising out of Case Crime No. 126 of 1997, under Sections 498-A, 304-B, 201 I.P.C. and 3/4 D.P. Act, P.S. Paraur, District Farrukhabad whereby the appellants have been convicted and sentenced to undergo two years rigorous imprisonment with fine of Rs. 2,500/- under Section 498-A I.P.C. and in default of fine two month rigorous imprisonment, 10 years rigorous imprisonment under Section 304-B I.P.C., 3 years rigorous imprisonment with fine of Rs. 5000/- under Section 201 I.P.C. and in default of fine four months additional imprisonment and 5 years rigorous imprisonment with fine of the Rs. 5000/- under Section 3/4 D.P. Act. and in default of fine four months additional imprisonment.

(2.) Both the connected criminal appeals arising out of a common order passed by the trial court. Hence, both the appeals are being decided by common judgement.

(3.) The prosecution story in brief is that the niece of the informant, namely, Omwati was married about six years ago with Greesh Chandra son of Jagat Pal Singh resident of village Sohad, District Farrukhabad and sufficient dowry was given to the in-laws of niece of informant. Her husband Greesh Chandra, father-in-law Jagat Pal Singh and Chachiya Sas Memo Devi was not satisfied with the dowry given by the informant. From the time of the marriage, they were demanding a Yamaha motorcycle and ornaments weighing 2 Tola (24 grams). The informant and his brother had gone to her in-law of niece and pacified them but their conduct did not change and they used to torture and harass the deceased. On 12.11.1997 at 9 p.m. in the night Memo Devi, Jagat Pal Singh and Greesh Chandra due to want to dowry had strangulated the deceased to death and also disposed of her dead body. The information about the incident was given to the informant by his brother-in-law, namely, Jimipal Singh on which, the informant and other persons of the village had arrived at the village of her niece. On the information given by the villagers that her niece has been done to death by Greesh, Jagat Pal Singh and Memo Devi and her dead body has also disposed of. The informant went to lodge the F.I.R. but his report was not lodged, hence he moved an application to the S.S.P., Fatehgarh, Farrukhabad and thereafter, the same was lodged on 19.11.1997. The F.I.R. was lodged on 19.11.1997 at 5.10 p.m. at P.S. Paraur, District Farrukhabad as Case Crime no. 126 of 1997, under Section 304-B I.P.C. and 3/4 D.P. Act. The investigation of the case was carried out and the Investigating Officer recorded the statement of the witnesses, prepared site plan, visited place of occurrence and submitted charge sheet against the accused persons. The charges were framed against the accused on 12.1.1999, under Sections 498-A, 304-B, 201 I.P.C. and 3/4 D.P. Act. They denied the charges and claimed their trial.