LAWS(ALL)-2016-5-516

RAM BILAS Vs. STATE OF U P

Decided On May 11, 2016
RAM BILAS Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) The instant appeal filed on behalf of the accused-appellant, is directed against the judgement and orders dated 23rd November, 2011 passed by Sri Prakash, Additional Sessions Judge, District Siddharthnagar in Sessions Trial No.254 of 2010 (State Vs. Ram Bilas) under sections 498-A, 304-B and 3/ 4 Dowry Prohibition Act, whereby the appellant was convicted under the said sections and he was punished with three years' rigorous imprisonment and fine of Rs.10,000/- under section 498-A IPC, ten years' rigorous imprisonment under section 304 IPC and two years' rigorous imprisonment and fine of Rs.5,000/- under section 3/4 Dowry Prohibition Act, in default of payment fine, he was directed to undergo one year's imprisonment on first count and six months' imprisonment on the second count.

(2.) Heard Sri V.K. Mishra, Advocate, learned counsel appearing for the appellant, Sri Abdul Mazid, learned AGA for the State-respondent and perused the record.

(3.) In support of the appeal, learned counsel for the appellant has submitted that it was a case of suicide, there are only general allegations, no specific demand for dowry soon before the death could be proved. There are substantial improvements in the prosecution version during the trial. The learned trial Judge has not appreciated the evidence properly and while ignoring the aforesaid facts, recorded erroneous findings of facts.