RADHEY SHYAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Dileep Kumar assisted by Sri Rajrshi Gupta, learned counsel for the appellant, Sri A.N. Mulla assisted by Sri Saghir Ahmad, Sri J.K. Upadhyay, Km. Meena, Mrs. Manju Thathur, learned AGA's for the State.

(2.) By way of instant Criminal Appeal preferred by the appellant-Radhey Shyam, challenge has been made to the judgment and order of conviction dated 25.06.2011 passed by Additional Sessions Judge, Court No. 3, Basti, in Sessions Trial No. 23 of 2010 State Vs. Radhey Shyam, arising out of Case Crime No.279 of 2009 , under sections 498-A, 302, 328 I.P.C. and Sec. 3/4 Dowry Prohibition Act, Police Station Walterganj, District Basti, whereby appellant has been sentenced to life imprisonment coupled with fine Rs.5,000.00 with default stipulation prescribing additional imprisonment for six months. By he same order the appellant has been acquitted of charges for the offences under Sections 328, 498-A, I.P.C. and 3/4 Dowry Prohibition Act.

(3.) Amplitude of factual chronology of this appeal culminating into judgment and order of conviction dated 25.o6.2011, as discernible from the record appears to be that first informant Uday Shanker resident of village Pakri Bhikhi, Police Station Walterganj, District Basti, lodged written report at police station Walterganj at 6.10 A.M. on 12.05.2009 with the allegations that first informant wedded his daughter (Radhika) to appellant Radhey Shyam, resident of village Aama (Tinich) Bazar, District Basti in the year 2004. After marriage ceremony was performed, 'Bidai' ceremony took place, where after, appellant Radhey Shyam, his mother, elder brother Gauri Shanker, younger brother Ram Avtar, and father Mithai Lal perpetrated cruelty on informant's daughter by beating and abusing her. The first informant visited house of in-laws of his daughter, for bringing his daughter back home on the occasion of marriage of his brother's son, but they used to abuse and some times gave beating to him also. The informant was under impression that after a child is born out of their wedlock, everything would be set right and due to this the informant kept quiet. On the occasion of marriage ceremony of informant's brother's son, when the informant contacted appellant's on telephone they raised demand for colour television, Almirah, Fridge, Cooler and Rupees one lac cash. However, on the earnest request, the appellant's sent informant's daughter with him. When the marriage ceremony of son of the informant's brother was over, the appellant came to the house of informant in the morning of 11.5.2009 and demanded balance money and articles. Disgruntled by the non-fulfilment of above demand, appellant went to the informant's daughter and took the child in his lap from his wife went atop of roof and administered some poisonous substance to the child due to which some froth gushed out from his mouth. She (Radhika) saw the child, snatched the child from him and came to the informant where after, informant took the child immediately to Primary Health Centre, Saltauwa Gopalpur, Basti from where child was referred to District Hospital due to serious condition, where too, the condition of the child was serious and he was fighting for survival of life. The first informant Uday Shanker gave this information at the police out post (chauki) with prayer for appropriate action. This report is Ext. Ka. 1.