RAM SHANKER DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Abdul Rafey Siddiqui, learned counsel for the appellant and Ms. Madhulika Yadav, learned A.G.A. for the State.

(2.) Instant appeal has arisen against the judgment dated 30.9.2008, passed by learned Additional Sessions Judge, Court No.1, Faizabad in Sessions Trial No. 237 of 1997, State versus Ram Shankar and others, case crime no.337 of 1996, under secion 498-A, 304 B I.P.C. and 3/4 Dowry Prohibition Act, police station Maharajganj, District Faizabad, whereby accused Prem Shankar (husband of the deceased) was acquitted for the charge under section 498 A, 304 B I.P.C. and 3/4 D.P. Act. Accused Rama Shankar and Kamla Devi were convicted under section 498 A, 304 B I.P.C. and 4 Dowry Prohibition Act and sentenced to imprisonment for life and fine of Rs.20,000/- with default stipulation of one year imprisonment under section 304 B I.P.C., three years imprisonment and a fine of Rs.3000/- under section 498 A I.P.C. with default stipulation of three months imprisonment, two years rigorous imprisonment and fine of Rs.10,000/- with default stipulation of six months imprisonment under section 4 of Dowry Prohibition Act.

(3.) Complainant Pawan Kumar Pandey is the brother of the deceased Shashi. First information report was lodged on 02.9.1996. Shashi was married to Prem Shankar, son of Virendra Kumar about five years from the date of first information report. Shashi used to come to her parental house. Prem Shankar, husband of Shashi and Virendra Kumar father-in-law of Shashi were in service at Ahmedabad. Rama Shankar brother in law (devar) of Shashi, her mother in law and sister in law (nanad) were living at the in-laws house of the deceased. Since last four months Shashi was living in her parental house. Shashi went to her in laws house with Rama Shankar in vida on 28.8.1996. In the morning of 02.9.1996, complainant got an information that his sister is ill. He reached at village Devo Suryabhan where he found the dead body of Shashi. He came to know that Shashi has been done to death by hanging. Accused were demanding a motorcycle just after the marriage and were torturing the deceased. First information report was lodged on 02.9.1996 at 01:30 PM. Investigation was handed over to Circle Officer Sadar, Faizabad. Case was registered under section 498 A, 304 B I.P.C. and 3/4 of Dowry Prohibition Act at case crime no.337 of 1996. Investigating Officer visited the place of occurrence and began inquest proceedings on 02.9.1996 at 05.30 PM which concluded at 06.30 PM. Dead body was sealed and sent for postmortem which was conducted on 03.9.1996 at 03.00 P.M. Spot inspection was made. Site plan was prepared. Statement of witnesses were recorded. After concluding the investigation charge sheet was submitted against the accused persons.